MUHAMMAD SALEEM vs State S — 2024 MLD 309 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD SALEEM VS State S. 498---Penal Code (XLV of 1860), S. 406---Criminal breach of trust---Pre-arrest bail, confirmation of---Civil dispute---Allegation levelled in the FIR was that the complainant entrusted machinery worth Rs. 14,000,000/- to the accused and his father, which they misappropriated---Accused purchased a stone crushing plant and entered into a partnership with the complainant to run it---Complainant operated it for 19 months and incurred huge losses---Accused persons then took over and operated it for four months but could not give better results---Accused persons leased it out to third party which left after four months---Once again the accused persons took the charge of the crusher and got it repaired and upgraded---Both the sides blamed each other for the losses---Complainant filed a suit for rendition of accounts against accused persons and during the proceedings the parties referred the matter to an arbitrator for arbitration, who later delivered his award and accused had filed an application in the Civil Court for making it rule of court---Element of entrustment contemplated by S. 405, P.P.C. was conspicuously missing in the instant case---There was essentially a dispute between the partners regarding handling of the business and its earnings---Hence, S. 405, P.P.C. was not attracted---Moreover, it was also debatable whether it could be invoked even against second accused because he was working as a proxy for his father/accused and not on his own account, who was abroad---Thus, it appeared that the complainant had lodged the FIR to mount pressure on the other side---Bail petition was accepted and ad-interim pre-arrest bail already granted to the accused was confirmed, in circumstances.

MUHAMMAD SALEEM vs State S — 2024 MLD 309 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 MLD