' This is a petition under section 561-A, Cr. P. C. For quashment of proceedings started on a direct complaint in the Court of A. C. M. No, 11, for an offence under section 403, P. P. C.
2. The facts in brief are that the complainant/respondent No, 2 was a tenant of petitioner Mohammad Idris. As a tenant he was required to deposit Rs, 1,500 and this deposit was to remai 1 with the landlord during the continuance of the tenancy. It appears that Muhammad Sharif required electric connection for running a factory. This connection had been allowed by the landlord from his own meter on the understanding that Muhammad Sharif would deposit Rs, 1,500 towards electricity so consumed by him from the meter of the landlord. The ownership of the building then changed hands and the building was transferred by Muhammad Idris to one Rashida Begum. Rashida Begum in her letter to the respondent admitted that Rs, 1,500 were held by her as deposit of Muhammad Sharif. Regarding the other 1,500 rupees she stated that since he had used the power from the meter of the previous landlord he should settle his account in respect of the electricity consumption charges with the previous landlord. Muhammad Sharif had, however, already filed a direct complaint against the previous landlord in respect of misappropriation of Rs, 3,000.
3. It has been argued by Mr. Fasihuddin on behalf of the petitioner that these proceedings are mala fide and no criminal offence is made out on the face of the proceedings. That if there is some dispute regarding A account it would be a matter of civil nature. Mr. Abdullah Chandio for the complainant/respondent Muhammad Sharif has admitted that Rs, 1,500 deposit are held by the new landlady but with regard to the electricity consumption deposit he says that the account has not been given by the previous landlord Muhammad Idris. Mr. Hyder Raza Naqvi for the State frankly concedes that the proceedings are in the nature of abuse of the process of Court and no criminal offence is made out.
4. For the reasons stated above the proceedings of the criminal case are hereby quashed and the petition is accepted.