Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 489-F--Applicability of--Dishonoured Cheques, issuance of--Provisions of S. 489-F of PPC are applicable in the case of dishonouring of cheques dishonestly issued by one person to the other. PLD 2006 Lah. 752 & PLD 2009 Lah. 541 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 489-F--Dishonoured cheque, issuance of--Criminal proceedings--Dishonestly issuing a cheque for the purpose of discharging an obligation which cheque is dishonoured has clearly been made a crime and thus the petitioner might not be allowed to take shelter behind a civil statute--Petition dismissed. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, JUSTICE---.--- Through this writ petition Zulfiqar Mustafa petitioner has sought a declaration that FIR No. 127 registered at Police Station Samanabad, Lahore on 25.03.2008 at the instance of Liaqat Ali complainant in respect of an offence under Section 489-F, PPC is without lawful authority and of no legal effect and practically the petitioner has sought quashing of the said FIR by this Court. 2. At the outset it has been pointed out by the learned Additional Advocate-General appearing for the State that after completion of investigation of the above mentioned criminal case a Challan had been submitted before the learned trial Court on 07.10.2008 and the case is now pending trial awaiting decision of the present writ petition for the last about a year and a quarter. Normally after completion of the investigation and submission of a Challan quashing of an FIR is not resorted to by this Court as the concerned accused person has an adequate alternate statutory remedy available to him before the trial Court under Sections 249-A/265-K, Cr.P.C. for seeking his premature acquittal but the learned counsel for the petitioner has insisted that the present writ petition may be decided on its merits because this writ petition had been filed before this Court prior to submission of the Challan before the trial Court. 3. I have heard the learned counsel for the parties at some length and have gone through the documents appended with this writ petition as well as the precedent cases referred to by them…

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