' MAULVI ANWARUL HAQ, J.---This appeal proceeds against the judgment dated 19-9-1997 of learned Single. Judge in chambers of this Court, ' whereby Writ Petition No,20796 of 1997 filed by the appellant was dismissed.
2. Learned counsel for the appellant contends that the F.I.R. (425 of 1997 dated 21-8-1997, Police Station Qilla Gujjar Singh, Lahore) on a plain reading does not make out a case under sections 420/468/471 P.P.C. And be speaks for the mala fides of the police and respondent No,2 and as such the impugned judgment cannot be sustained. Learned counsel for respondent No,2, on the other hand, argues that the appellant represented that all dues of the vehicle sold to his client stand paid and as such he has committed an offence defined in the said sections of P.P.C.
3. We have gone through the records of, the writ petition, with the assistance of the learned counsel for the parties. The F.I.R. Narrates that respondent No,2 purchased a Toyota Wagon Model, 1989 from the appellant through Madina Motors for a consideration of Rs,5,02,000 vide agreement dated 2-8-1995 and an open letter was delivered to him; that the appellant and the other persons ("Motor Dealers" mentioned in the F.I.R.) had assured that there is no defect in the wagon; that on 26-12- 1996 Customs Intelligence, Multan seized the wagon and a case was registered against him under the Customs Act and he was fined Rs,15,000 by a Special Customs Court and that the wagon is still in the custody of Custom officials; that the accused persons had also undertaken to pay the price of the wagon or its customs duty but neither the price has been paid nor the duty has been paid.
On the said allegations a case under sections 420/468/471 P.P.C. Was registered.
4. We find a copy of the registration book as Annexure 'A' to the writ petition which discloses that the first transferee was Haji Muhammad Ashraf Butt. Thereafter it was transferred in favour of respondent No,2 on 2-8-1995 and then to Muhammad Imran on 3-8-1996. The said registration book clearly shows that respondent No,2 had transferred the vehicle to. Muhammad Imran on 3-8- 1995 whereas according to the F.I.R. The wagon was seized by the Customs Intelligence on 26-12- 1996. Be that as it may, the F.I.R. Does not at all disclose that there was any defect in the title of the appellant or the said A record owner. Learned counsel for respondent No,2 admits that the appellant himself was a purchaser holding an open letter of transfer. In the said factual background when there is no allegation that any document has been forged by the appellant or that he has used as genuine any document which he knows or has reason to believe to be a forged document or he was himself the importer of the vehicle, prima facie no case stands made out under the said provision of law and learned counsel for respondent No,2 has failed to so demonstrate. This I.C.A. Accordingly is allowed. The impugned judgment is set aside and the writ petition tiled by the appellant is accepted. F.I.R. No,425 of 1997 dated 21-8-1997, Police Station, Qilla Gujjar Singh, Lahore under sections 420/468/471 P.P.C. Is quashed so far as the appellant is concerned. No orders as to costs.