| Citation(s) |
|---|
| 2018 SLG 2448 2018 SLD 2448 2018 MLD 1928 |
Sindh High Court
C.P. No. D-4230 of 2016, decision & hearing Dated: 22-03-2018.
MUHAMMAD IQBAL KALHORO, JUSTICE MOHAMMED KARIM KHAN AGHA, JUSTICE
Sami Ahsan for Petitioners.
C.P. No. D-4230 of 2016, decision & hearing Dated: 22-03-2018.
MUHAMMAD IQBAL KALHORO, JUSTICE MOHAMMED KARIM KHAN AGHA, JUSTICE
Sami Ahsan for Petitioners.
RAEES IQBAL AND ANOTHER
VS
PROVINCE OF SINDH THROUGH SECRETARY HOME AND 8 OTHERS
Law: Pakistan Penal Code, 1860
Section: 489-F
Law: Criminal Procedure Code (V of 1898)
Section: 249-A,265-K
Penal Code (XLV of 1860)--- ----S. 489-F---Criminal Procedure Code (V of 1898), Ss. 249-A & 265-K---Dishonoring of cheques---Quashing of FIR---Filing of challan---Petitioners were aggrieved of registration of FIR by respondents against dishonoring of cheques issued for business transactions between both the parties---Validity---Dishonoring of a cheque given either to fulfill an obligation or to repay a loan was cognizable offence under Second Sched. of Cr.P.C. and was punishable under S. 489-F, P.P.C.---If a person reported such matter to duty officer at a police station, he had no option but to lodge an FIR---Ensuing investigation would reveal all matters including validity of cheque, reason for giving cheque etc., which could be determined or the fact that whether or not cheque was given in fulfillment of a loan as alleged---High Court declined to quash FIR registered against petitioners as challan in FIR must have been filed---If petitioners were of the view that there was no material against them and they had been falsely implicated, they could file applications under S.249-A or 265-K Cr.P.C. before Trial Court---Constitutional petition was dismissed accordingly. Younas Abbas and others v. Additional Sessions Judge Chakwal and others PLD 2016 SC 581; 2016 SCMR 1957; 2011 SCMR 1813 and PLD 2003 SC 401 rel. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---.--- Petitioner No. 1 claims to be dealing in the business of poultry farm with private respondents Nos.6 to 8 who, inter alia, supply him poultry feed, etc. whereas petitioner No. 2 is his son. They seem to be aggrieved by registration of FIRs under section 489-F, P.P.C. against them by the said respondents on account of dishonoring of the cheques, which allegedly the petitioners gave to them in pursuance of some business transactions. In this background the petitioners have filed the instant petition seeking following reliefs:-- a. "To restrain all the Justice of Peace and Official Respondents not to register further FIR's against the Petitioners when Respondents Nos.7 and 8, already availed one remedy and please to disapprove such practice of registering FIR one after the other at different…
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