ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Revision Application No. 126 of 2009

          Date                       Order with signature of Judge                           

1.For katcha peshi.

2.For orders on MA No.3566/09

10.02.2010

Mr.Syed Mazharrul Haq, Advocate for the applicant.

Mr.Mohrram G. Balouch, Advocate.

Mr.Ashiq Raza, D.A.G.

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1.       The case of the applicant is that it is a Brokerage House being Member of Karachi Stock Exchange having customers to which it was periodically issuing cheques for payment to them. The respondent No.2 was its Senior Account Officer, who was maintaining the cheque book and prepared cheques after obtaining signatures of the competent authority with mandate to deliver them to the customers, but instead the respondent No.2 in connivance with his brother, the absconding accused Muhammad Noman Malik, an employee of ABN AMRO Bank got the cheques deposited in the joint accounts of the respondent No.2 and absconding accused with other family members and did not give the cheques to the customers of the applicant. A detail of 45 such cheques has been filed as Annexure "E" with this revision application and the learned counsel for the applicant states that relevant evidence in the shape of cheques and bank documents were produced before the trial court but the trial court has altogether omitted to consider the evidence. He further states that out of the amount defalcated a sum of Rs.59 lacs was recovered from the respondent No.2, while an amount of Rs.50 lacs was paid by father of both the accused and these there is sufficient evidence established on record that the respondent No.2 has committed crime against the applicant and was liable to be punished accordingly.

          In the circumstances, we admit this revision application for regular hearing to be heard on available record with liberty to parties to file additional documents.

2.       The respondent No.2 is directed to furnish surety in the sum of rupees five hundred thousand and P.R. bond in the like amount to the satisfaction of the Nazir of this court within a period of four weeks. The application is disposed of.

                                                                                          J U D G E

                                                                             J U D G E

Aamir/PS