Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.419, 420, 471, 489-F & 34---Cheating by personation, cheating and dishonestly inducing delivery of property, using as genuine a forged document, dishonestly issuing a cheque, common intention---Business relationship between the parties was not disputed and facts narrated in the F.I.R. attracted the mischief of S.489-F, P.P.C. which related to dishonestly issuing a cheque---Section 489-F, P.P.C. provided about fulfilment of an obligation without being distinguished as of civil or criminal nature---Cheque was always issued in terms of civil obligation and if dishonoured, it would turn into criminal offence---Criminal proceedings being not barred in presence of civil proceedings, civil and criminal proceedings could be proceeded simultaneously---Question of criminal liability could not be allowed to mix with a breach of civil obligation---Both wrongs being distinguishable in nature, could be initiated at the same time---Challan in the case had been submitted against accused/petitioner after completion of formal investigation---Any interference at such a stage by High Court while exercising inherent jurisdiction under S.561-A, Cr.P.C., which could only be exercised in extraordinary circumstances, would amount to pre-empting the powers of the Trial Court---Petitioners/accused persons had alternative remedy before the Trial Court under S.249-A, Cr.P.C.---Petition was dismissed. Bashir Ahmed v. Zafar-ul-Islam and others PLD 2004 SC 298 rel. Haji Sardar Khalid Saleem v. Muhammad Ashraf and others 2006 SCMR 1192; Talib Hussain v. Anar Gul Khan and 4 others 1993 SCMR 2177 and Deputy Inspector-General of Police v. Anees-ur-Rehman Khan PLD 1985 SC 134 ref. ORDER MUHAMMAD KAMRAN KHAN MULAKHAIL, J.---In this case petitioners have sought quashment of an F.I.R. No.2 of 2013 lodged with Police Station Chamaling, District Loralai, under sections 419, 420, 471, 489-F read with section 34 of the Pakistan Penal Code ("P.P.C"), registered against them at the instance of complainant Haji Ghous-ud-Din. 2. The facts on having a glance over a record of the case are that complainant is owner of land…

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