1. This is an application under section 561-A, Cr. P. C. to quash the proceedings pending under sections 406 and 420, P. P. C. in the Court of A. D. C. and 1st Class Magistrate, Larkana.
2. Abdul Khaliq complainant had lodged a report in the police on the allegations that he had entrusted three buffaloes to the applicant at Larkana to be delivered to one Abdul Rahim at Karachi. The applicant failed to deliver those buffaloes, and therefore, Abdul Khaliq came to Karachi and contacted the applicant. The applicant admitted that he had not delivered the buffaloes and instead he would pay the price of the buffaloes to him. This arrangement was accepted by Abdul Khaliq and he agreed to receive the price which was to be paid after a few days. However, later the applicant did not pay the price and, therefore, a report was lodged and the police after usual investigation challaned the applicant.
3. It was urged by the learned counsel for the applicant that the dispute was of civil nature and, therefore, the proceedings taken at Larkana were abuse of the process of the Court. The learned counsel for the State supported him. On the other hand the learned counsel for Abdul Khaliq opposed the application and stated that since the buffaloes has not been delivered to the person for whom the same were intended the offence under section 406 was committed. I have considered the contention- raised by the learned counsel for the parties and I am of the view that there is much force in the contention raised by the learned counsel for the applicant and supported by the learned counsel for the State. Although originally the buffaloes were said to have been entrusted to the applicant for being delivered to some other person but subsequently the owner of the buffaloes had agreed to receive the price of the buffaloes from the applicant and, therefore, the previous transaction was converted into sale of the buffaloes to the applicant, and, therefore, the dispute over the recovery of the amount gave rise to a civil liability. It, therefore, follows that the criminal prosecution is an abuse of the process of the Court. I, therefore, accept the application and quash the proceedings. .