Law:

Section:

Penal Code (XLV of 1860)--- ----S. 489-F---Civil Procedure Code (V of 1908), S. 12---Criminal Procedure Code (V of 1898), S. 561-A---Dishonestly issuing cheque---Sine die adjournment of criminal case during pendency of civil suit---Permissibility---Application under S. 561-A, Cr.P.C.---Petitioner had lodged the FIR against the dishonouring of the cheque against the respondent/accused, who had filed the suit for specific performance of the agreement against the petitioner---No provision of law existed which provided that both the cases could not have been put to trial at the same time---Courts below, therefore, had rightly disallowed the application for sine die adjournment of the criminal case---Application under S. 561-A, Cr.P.C. was dismissed accordingly. Seema Afreed and others v. The State and another 2008 SCMR 839 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---.--- 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 FIR No. 69 dated 18.4.2014 under section 489-F, P.P.C. registered at PS Sakhakot, District Malakand till the disposal of civil suit titled as "Hidayatullah v. 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 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 FIR under section 489-F, P.P.C. 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 Magistrate concerned. In the meanwhile, the respondent No. 2, accused in the above-referred…

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