1. This is an application for quashment: The complainant Muhammad Asghar had filed a complaint under section 420/34, P. P. C. Against Hashim Tayyab and Zakaria alleging that in August, 1974 Hashim Tayyab had approached him through his brother Zakaria for the sale of Plot No. 16 third floor in the Plot No. 18/6 C. L. Karachi, for Rs. 52,500 and demand--ing 5,000 as part payment which was paid by Muhammad Asghar and the receipt for the same was issued to him on 15th April, 1974.
2. Complainant continued to allege that he asked for the conveyance of the flat in his favour as he was prepared to pay the balance but the two accused went on making promises but never fulfilled them. The complainant alleged that he had learnt that the flat has been sold out to some one else by the accused who are denying to have sold the flat which is false. The com--plainant lastly alleged that the co-accused had cheated him Rs. 5,000 paid by him and also of Rs. 10,000 as the cost of flat has been increased by Rs. 10,000.
3. The respondent and his counsel were called absent. There is no counter allegation on their part.
4. From the mere perusal of the com--plaint as well as from the statement of Muhammad Asghar recorded under section 200, Cr. P.C. There does not seem to be a case of fraud. It has not been alleged by the complainant that Hashim Tayyab was not the owner of the flat or there was any misrepresentation in respect of the cons--truction. The only misfeasance alleged is that two accused have sold the flat to some one else, but they are denying that they have sold the flat.
5. Evidently, it is a matter of civil nature where the contract with the complainant has been breached.
6. The complainant has not filed any notice which he had given to the accused party in respect of the said flat and he has waited from 1974 till 1977 before coming to the Court, as he filed the complaint only on 7th April, 1977. From the very complaint itself it appears that differences have arisen between the parties in respect of cost of the flat which is alleged, by the complainant himself, to have increased. It appears that the process of the Criminal Court is being abused by the complainant in order to pressurize the respondent to pay him the sum of Rs. 15,000. But this purpose should have been achieved through the process of the Civil Court and not through coercive process of the Criminal Court.
7. Consequently, the proceedings under section 420/34, P. P. C. Pending in the Court of Assistant Commissioner and S.D.M. Civil Lines, Karachi against the two applicants are hereby quashed. Bail bond furnished by the applicants are hereby ordered to be treated as cancelled.