1. ' S.USMAN ALI SHAH, J.---Haji Muhammad Latif petitioner seeks leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, dated 22-2-1989, arising out of a criminal case under section 379/406/420, P.P.C., the F.I.R. Of which was lodged by the petitioner against his nephew Farman Ali respondent No,1, wherein he alleged that six years before the registration of this case the petitioner got a total loan of Rs,5,40,000 on different occasions within six years from the petitioner. It was also alleged that the respondent No,1 had been removing earth from the land of the petitioner.
2. ' At the trial when the case was fixed for the statement of the accused respondent No,1 on 6-7-1986, he filed an application for acquittal under section 249-A, Cr.P.C. Which was rejected by the trial Court thereafter, his revision before the Sessions Judge also failed vide order dated 22-2-1989. His subsequent application under section 561-A, Cr.P.C. Before the High Court for quashment of proceedings was allowed vide judgment dated 22-2-1989, and the criminal proceedings pending against him before the trial Magistrate were quashed. The petitioner now comes up to this Court through this petition for leave to appeal.
3. The learned counsel for the respondent told at the Bar that a civil suit with regard to the loan is pending between the parties and on the mutual consent of the parties the matter has been referred to arbitration which on an appeal on technical point is pending before the High Court. The matter involved in this petition is purely of a civil nature, and the finding arrived by the learned High Court, needs no interference by this Court. The petition is dismissed. .