Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A(6)(iii)--Constitution of Pakistan, 1973--Art. 199--Constitutional petition--No registration of criminal case--Discretionary power upon ex-officio justice of peace--No doubt ex-officio justice of peace is obliged to exercise powers vested in him under law in judicious manner with application of mind taking into consideration facts and material of case. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 489-F--Criminal Procedure Code, 1898--S. 22-A & B--Constitution of Pakistan, 1973--Art. 199--Constitutional petition--Non-registration of criminal case--Issuance of cheque--Bouncing of--Cheque was issued as guarantee relating to Qarz-e-Hasna--Non-payment--Civil liability instead of criminal liability--Validity--Dishonestly issuing of a cheque towards repayment of a loan or fulfillment of an obligation is sine qua non to attract offence under Section 489-F of, PPC--Under Islamic Law 'Qarz-e-Hasna' is a special kind of loan returnable by borrower on his acquiring ability to repay debt--Such kind of loan is advanced on compassionate ground free from interest/mark-up and repayable as and when borrower is able to pay--Qarz-e-Hasna is term used by Almighty Allah Himself in Holy Quran--In instant case of 'Qarz-e-Hasna' issuing of a cheque as guarantee merely connotes an acknowledgement of civil liability in good faith--It cannot be termed as dishonest issuance of cheque in terms of Section 489-F of, PPC--Bouncing of acheque does not constitute a criminal liability in terms of Section 489-F of, PPC--Ex-officio justice of peace erred in law while passing impugned order and issuing direction to SHO for registration of a criminal case against petitioner--Impugned order suffering from legal infirmity is untenable and amenable to constitutional jurisdiction of High Court in terms of Art. 199 of Constitution is liable to set aside. Qarz-e-Hasna-- ----Scope of--Qarz-e-Hasna as a beautiful loan--Holy Quran used term 'Qarz-e-Hasna' to connote spending in order to help and assist religion. THIS JUDGMENT DELIVERED BY: ABDUS SATTAR ASGHAR, JUSTICE Petitioner has invoked the constitutional jurisdiction of this Court under…

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