Law:

Section:

Penal Code (XLV of 1860)---S. 489-F---Criminal Procedure Code (V of 1898), S.22-A---Constitution of Pakistan, Art. 199---Constitutional petition---Decree of Civil Court---Criminal proceedings, setting aside of---Issuance of cheque under coercion---Proof---Respondent sought order from Ex-Officio Justice of Peace for registration of case under S.489-F, P.P.C. against petitioner---Petitioner filed civil suit which was contested and subsequently Civil Court had decreed the suit in favour of petitioner on the ground that cheque in dispute was obtained from petitioner under coercion and did not incur any liability in favour of defendant of suit (respondent)---Validity---After decree of suit and declaration of cheques in dispute being obtained by exerting undue influence there was no need to lodge criminal case under S.489-F, P.P.C. against petitioner---High Court in exercise of Constitutional jurisdiction set aside order passed by Ex-officio Justice of Peace resulting into dismissal of application under S.22-A, Cr.P.C. filed by respondent---Petition was allowed in circumstance. ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Allegedly the cheque issued by the petitioner in favour of respondent No.5 was dishonoured and for the purpose of having remedy respondent No.5 filed an application before the learned Ex-Officio Justice of Peace seeking a direction for registration of the case against the petitioner, which was…

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