Law:

Section:

Penal Code (XLV of 1860)--- ----S. 489-F---Constitution of Pakistan, Art. 199---Constitutional petition---Dishonestly issuing a cheque---Quashing of F.I.R.---Allegation against the accused (petitioner) was that he issued a cheque to the complainant (respondent) for an outstanding amount, but said cheque was dishonoured on presentation---Investigation of the case revealed that the complainant had pretended to be an officer of the provincial Chief Minister and obtained the disputed cheque from the accused to get his son a job in a Provincial government department---Contentions of the accused were that the F.I.R. was based on mala fide; that complainant got the disputed cheque as a security for providing a job to his son, and that the witness in whose presence the cheque was given to the complainant had recorded his statements before the police and the Magistrate and exonerated the accused from the commission of the offence---Validity---Complainant only alleged that the accused owed him an amount without making any reference to their inter se relation on account of which the amount was outstanding against the accused---Section 489-F, P.P.C, related to dishonest issuance of cheque by a person towards the repayment of a loan or fulfilment of an obligation but in the present case no friendship, business or close family relations were cited by the complainant for giving the amount to the accused---Amount allegedly given by the complainant to the accused, was too big an amount to be given to a person without any written agreement---Record showed that numerous F.I.Rs. had been lodged against the complainant---Held, facts and circumstances of the case showed that the F.I.R. in question was false and fabricated and was accordingly quashed---Constitutional petition was allowed, accordingly. JUDGMENT QAISER RASHID KHAN, J.---Petitioner, Sardar Muhammad Aslam has filed the present writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeking quashment of F.I.R. No.648 dated 11-7-2011 registered under section 489-F of Pakistan Penal Code, 1860 in Police Station Mir Pur, Abbottabad. 2. Facts leading to the instant petition are that on…

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