Law: Criminal Procedure Code (V of 1898)

Section: 561A

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Petition for quashing of F.I.R.---Agreement/sale deed was executed in between complainant and husband of the petitioner in respect of vehicle sold by the complainant in favour of the husband of the petitioner---Vehicle was handed over to husband of the petitioner who in turn issued two cheques, which allegedly were dishonoured figured nowhere in the said deed in any capacity---Complainant and petitioner were not directly in transaction to each other at any stage, they were not known to each other, and hailed from different areas and had no concern-interest in any manner---Complainant had got no locus standi to get the case registered against the petitioner, as neither he had handed over the vehicle to the petitioner nor she had made partial payment---If the complainant had made a case out, same would be against the husband of the petitioner not the petitioner---All necessary ingredients to constitute an offence under S.489-F, P.P.C. were missing in the case as petitioner had never issued any cheque in favour of the complainant---Parties to the alleged agreement; being involved in litigation before civil court, fate of the same would be determined by the competent court---Entire transaction did not form any liability against the petitioner---No criminal liability/case having been made out against the petitioner, F.I.R. registered against her under S.489-F, P.P.C., was quashed, in circumstances. THIS JUDGMENT PASSED BY: ABDUL LATIF KHAN, JUSTICE:---.--- Through the instant petition under section 561-A, Cr.P.C, the petitioner, Mst. Fauzia Bibi, seeks guashment of F.I.R. No.710 dated 29-9-2013 registered under section 489-F P.P.C. at police station Cantt: D. I. Khan. 2. Learned counsel for the petitioner contended that the F.I.R. has been lodged against the petitioner with ulterior motives by the complainant with the connivance of local police in order to blackmail the petitioner for their allured temptation. It was argued that petitioner is working as charge Nurse at MMM Teaching Hospital, D.I.Khan and at the same time a house wife has been…

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