Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 540--- Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Application for re-summoning and re-examining the Investigating Officer---Accused had challenged the validity of order which allowed the application of complainant for re-summoning and re-examining the Investigating Officer---Complainant looked more interested in protracting the proceedings of trial of accused (her real brother)---Copy of testimony of Investigating Officer was available on record which showed that he had already rendered an exhaustive statement that could easily be taken into consideration by the Trial Court together with the other pieces of evidence to reach a just conclusion of case---Examination of a given-up prosecution witness (father of parties) as a defence witness would hardly justify invocation of judicial discretion under S.540, Cr.P.C.---Section 540, Cr.P.C. could not be brought forth to let a party to fill-in the lacunae of its case---Impugned order was not based on any rationale nor did it serve the ends of justice in any manner and was liable to be annulled---Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: SHAHID HAMEED DAR, JUSTICE:---.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged the validity of order dated 27.1.2012, whereby learned Additional Sessions Judge, Lahore upset order dated 15.12.2011 of the learned Judicial Magistrate, Lahore and allowed application of Mst.Nabeela Gulzar (respondent No. 1) for re-summoning and re-examining Qadir Bakhsh SI P.W.5 (erroneously mentioned as Yaqoob Bakhsh SI in the impugned order) under section 540 Cr.P.C. 2. Mst. Nabeela Gulzar (respondent No. 1) is the complainant of case FIR No. 547/08, dated 19.7.2008, under section 489-F P.P.C., Police Station Defence-A, Lahore, wherein she has alleged that her real brother Nasir Gulzar (petitioner) issued a cheque of Rs.55,30,000/- to refund the trust-amount to her, which she presented for encashment, but it was bounced by the bank due to insufficient funds; after necessary investigation, a report under section 173,…

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