| Citation(s) |
|---|
| 2016 SLG 1660 2016 SLD 1660 2016 PLJ 759 |
Peshawar High Court
Crl. M. Q.P. No. 4-M of 2016, decided on 4.5.2016. Date of hearing: 4.5.2016.
MUHAMMAD YOUNIS THAHEEM, J.
STATE through Additional Advocate General and another--
Respondents Mr. Aziz Muhammad, Advocate for Petitioner. Mr. Rafiq Ahmad, AAG and Mr. Wilayat Ali Khan, Advocate for State.
Crl. M. Q.P. No. 4-M of 2016, decided on 4.5.2016. Date of hearing: 4.5.2016.
MUHAMMAD YOUNIS THAHEEM, J.
STATE through Additional Advocate General and another--
Respondents Mr. Aziz Muhammad, Advocate for Petitioner. Mr. Rafiq Ahmad, AAG and Mr. Wilayat Ali Khan, Advocate for State.
BARKAT HAYAT
VS
STATE through Additional Advocate General and another--Respondents
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Pakistan Penal Code, (XLV of 1860), S. 489-F--Inherent jurisdiction--Application for sine die adjournment of criminal case till disposed of civil suit--Issuance of bogus cheque, whereas respondent/plaintiff filed civil suit of decree of specific performance of agreement against petitioner--Validity--There is no provision that both cases could not be to trial at same time, therefore, request of sine die adjournment of criminal case on behalf of petitioner till disposal of civil suit has been rightly and correctly disallowed, to which no exception could be made out--Petitioner had failed to point-out any section of law either in Cr.P.C. or in CPC vide which application of petitioner for sine die adjournment of criminal case could be taken into consideration, rather in contrary, both matters are different entities in its own sphere of domain, so, could be put to trial separately at same time. 2008 SCMR 839, rel. JUDGMENT The petitioner Barkat Hayat, by invoking the inherent jurisdiction of this Court under Section 561-A, Cr.P.C. has challenged the judgments/orders of the fora below, whereby his application for sine die adjournment of criminal case bearing F.I.R. No. 69 dated 18.4.2014 under Section 489-F, PPC registered at PS Sakhakot. District Malakand till the disposal of civil suit titled as "Hidayatullah vs Barkat Hayat" was concurrently dismissed. 2. Brief facts of the case are that petitioner sold a piece of land to Respondent No. 2 Hidayatullah vide deed dated 19.2.2014 and both the parties agreed that the payment of will be made through installments, so, in this respect, the Respondent No. 2 issued three cheques to the petitioner, out of which two cheques were honoured by the concerned bank and petitioner received the amount, while the last cheque amounting to Rs. 53 lac was bounced back due to insufficient funds in the account and later on, on the basis of said cheque, the petitioner lodged F.I.R. under Section 489-F, PPC against the Respondent No. 2, wherein after investigation, the local police submitted challan against the accused and the case was put in Court for trial before the learned…
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