Law: Criminal Procedure Code (V of 1898)

Section: 561A

Law: Pakistan Penal Code, 1860

Section: 406,420,489-F

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.489-F, 420 & 406---Dishonestly issuing a cheque, cheating, criminal breach of trust---Quashing of proceedings---Cheque in question was not issued by accused persons, but was issued by some one else from his own account---Ingredients of S.489-F, P.P.C., or criminal breach of trust under S.406, P.P.C., were not attracted---Civil litigation with regard to sale transaction of agricultural land was sub judice before the proper forum---Object of S.489-F, P.P.C., was to curb the fraudulent or dishonest issuance of cheque; and to punish a person who dishonestly issued the same---In the absence of mens rea, criminal proceedings, ordinarily could not proceed---When cheque was bounced, prosecution had to establish as to who had issued the cheque; and whether such issuance was with dishonest intention---Said provision of law, further revealed that the purpose of issuance of cheque should be to repay a loan, or to fulfil an obligation---Civil litigation having been initiated prior to registration of F.I.R., to reach at the just and exact conclusion of the trial, it would be appropriate that such matter, be resolved/decided through civil litigation---Proceedings pending before the Trial Court against accused persons, being abuse of process of the court, same were quashed, in circumstances. Allah Rakhio and others v. The State 2001 PCr.LJ 551; Shaikh Muhammad Taqi v. The State 1991 PCr.LJ 963; Muhammad Shafi v. The State 1985 PCr.LJ 540; State v. Muhammad Aslam Khan 2009 SCMR 294 and The State v. Raja Abdul Rehman 2005 SCMR 1544 ref. THIS ORDER PASSED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:---.--- Accused Shah Fahad and his wife Mst. Abida, booked in Crime No.76/2013 under sections 489-F, 420, 406 P.P.C., registered at Police Station Tando Allahyar, are facing trial in the Court of Civil Judge and Judicial Magistrate, Tando Allahyar, in Criminal Case No.89/2013. They filed an application for their acquittal under section 249-A, Cr.P.C., which was dismissed vide order dated 3-8-2013. Hence the instant application. 2. Relevant facts necessary for disposal of captioned Criminal Miscel-laneous…

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