Case Details

Citation(s)
2016 SLG 2680 2016 SLD 2680 2016 PCRLJ 323
Lahore High Court
Intra Court Appeal No. 138 of 2015 in W. P. No. 10367 of 2014, decided on 19th October, 2015.
MISS AALIA NEELUM, JUSTICE AND SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
Ishrat Ali Javaid for Appellant. Muhammad Nasir Chohan, Additional Advocate-General Punjab with Muhammad Faisal, ASI for
Respondents. Rana Rashid Akram Khan for
Respondent No. 4.

USMAN ALI - --Appellant

VS

ADDITIONAL SESSION JUDGE/EX-OFFICIO, JUSTICE OF PEACE TOBA TEK SINGH AND 4 OTHERS --Respondent

Law:

Section:

Penal Code (XLV of 1860) --------- ----------S. 489-F --------- Criminal Procedure Code (V of 1898), Ss. 22-A & 22-B --------- Dishonouring of cheque --------- Contractual liability --------- Cheque in question was issued by appellant in the backdrop of settlement arrived at between parties in terms of agreement in a criminal case registered under S. 489-F, P.P.C. --------- Ex-officio Justice of Peace passed a direction for registration of FIR against appellant as cheque issued by him was dishonoured --------- Order passed by Ex-officio Justice of Peace was maintained by Single Judge of High Court --------- Validity --------- Cheque in question was given in terms of agreement and it was not issued to create any liability as alleged in application for registration of case --------- Dishonour of such cheque did not make out offence under S. 489-F, P.P.C. --------- Just to settle disputes with father of appellant, respondent moved frivolous application by way of concealing real facts and by doing so it was axiomatic that respondent did not approach court with clean hands --------- Respondent knocked the doors of Ex-officio Justice of Peace with mala fide intention and with ulterior motive in order to involve appellant in criminal proceedings to resolve some private vengeance --------- Division Bench of High Court set aside the orders passed by Single Judge High Court and that of Ex-officio Justice of Peace --------- Intra court appeal was allowed in circumstances. THIS ORDER PASSED BY: MISS AALIA NEELUM, JUSTICE:-------------- Through this Intra Court Appeal in terms of section 3 of Law Reforms Ordinance, 1972, Usman Ali-appellant has assailed the legality of order dated 13.01.2015 passed by the Hon'ble Single Judge-in-Chamber whereby Writ Petition No. 10367 of 2014 filed by the appellant was dismissed. 2. Briefly, the facts giving rise to the instant appeal are that respondent No. 4 filed application under sections 22-A, 22-B, Cr.P.C. seeking registration of case against the appellant by narrating that on 20.06.2013 at about 4.00 p.m. that he (respondent No. 4) was sitting in his drawing room along with Umer Hayat and Liaqat Ali when the appellant came there…
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