Syed MOHSIN ALI vs State S — 2022 PCrLJ 549 QUETTA-HIGH-COURT-BALOCHISTAN

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Syed MOHSIN ALI VS State S. 9---Penal Code (XLV of 1860), Ss. 405 & 415---Corruption and corrupt practices---Criminal breach of trust---Cheating---Expression 'public at large'---Scope---Accused was convicted for fraudulently receiving money from the members of the public under the guise of a fake housing scheme without any allotment or delivery of physical possession of plots to the allottees and dishonestly converting it to his own use---Accused had purchased a piece of land measuring 23 acres wherein a housing scheme was announced and the payment of the said land was to be completed in five years---Total number of persons who had sought booking in the scheme were 412---During this period, a dispute arose between accused and vendor---Vendor had obtained stay orders from the Civil Court, as such the accused had failed to develop the scheme---Out of 412 only 10 allottees had appeared before the Court---Two of the said witnesses had admitted in cross-examination that they had not paid the complete consideration amounts to the accused---Investigating Officer had admitted that the scheme had not matured due to civil litigation---Legislature from the expression "public at large" had intended to focus the public at macro level---Expression did not aim at the offences committed at the micro level---Prosecution in order to attract the mischief of S. 9(a)(ix) and (x) of National Accountability Ordinance, 1999, was obliged to bring on record that the accused was found guilty of defrauding the public at large scale---Prosecution had only produced ten witnesses and such a small faction of the society did not fall within the definition of expression "public at large"---Case was one of civil dispute based upon alleged breach of the agreement for which remedies laid somewhere other than in a criminal court---Appeal was accepted and the impugned judgment was set aside. Head NotesCase Description

Syed MOHSIN ALI vs State S — 2022 PCrLJ 549 QUETTA-HIGH-COURT-BALOCHISTAN

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