Law: Criminal Procedure Code (V of 1898)

Section: 173,249A,561A

Law: Pakistan Penal Code, 1860

Section: 420,489-F

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss. 420 & 489-F---Cheating, dishonouring of cheque due to lack of funds---Inherent powers of Chief Court under S.561-A, Cr.P.C.---Quashing of FIR---Scope--- Malicious attempt on the part of complainant---Effect---Allegation against the petitioner was that he issued a cheque which, on presentation, was dishonored due to insufficient balance---Validity---Record revealed that complainant had already lodged FIR against another person/accused on the same allegation---Said FIR was quashed by the Chief Court ---Same complainant had lodged the present FIR against present petitioner, with a little variation in the contents of previous FIR, which seemed to be a malicious attempt on the part of the complainant---Complainant made a second attempt to tease the petitioner, when earlier FIR almost on the same allegation was already quashed by the Chief Court---Chief Court ordered quashing of impugned FIR---Application was allowed accordingly. MLD 2019 287 ref. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- The instant petition under section 561-A, Cr.P.C. has been filed by the petitioner for quashment of FIR No.60/2018 dated 24-08-2018 on the written application of one Sher Zaman son of Shakour Khan resident of Jalalabad. 2. The learned counsel for the petitioner submitted that the case is one of the civil dispute between the complainant and the petitioner, which has been turned into a criminal case just to pressurize the petitioner. Per learned counsel no useful purpose will be served to allow to continue with the trial of the case. The learned counsel in support of his contention relied on Cr. Misc. No.158/2018. 3. The learned Dy. Advocate General submitted that the petitioner issued a cheque of Rs.300000/- (three lac) which was bounced back due to insufficient balance. The section 489-F has been enacted to meet such like eventualities. 4. The petitioner is charged in FIR on the allegation that he issued a cheque bearing No.144803 dated 20-06-2018 and on presentation the cheque in Co-operative Bank Gilgit, the cheque was bounced back due to insufficient balance. The complainant earlier lodged…

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