Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Criminal Procedure Code (V of 1898)

Section: 63,561-A

Penal Code (XLV of 1860)--- ----S. 489-F---Criminal Procedure Code (V of 1898), S. 561-A---Dishonestly issuing a cheque---Quashing of FIR---Scope---Prosecution case was that the petitioner and respondent were engaged in some business dealings during which certain amount was invested by the respondent with the petitioner---Petitioner could not fulfil his obligations due to which dispute arose between the parties---Ultimately, some settlement for repayment was worked out and the petitioner issued certain post-dated cheques, which could not be encashed on account of insufficient balance or other reasons---Criminal cases initiated on the basis of those FIRs, were ultimately compromised as the amount due on those cheques was paid by the petitioner---First Information Reports of the present case pertained to those cheques, which were issued by the petitioner and were bounced---Record showed that issuance of cheques and their failure in negotiation with Bankers was not denied---Admittedly, cheques were issued in respect of certain obligations---Some of the FIRs lodged earlier had been compromised between the parties---Said FIRs were properly investigated and final report was submitted in the courts---Cheques, in the present case, were issued by the petitioner dishonestly, as such criminal trial was initiated and the petitioner had entered into compromise in the earlier cases---Record transpired that in the present case, the cheques were dishonoured in the last quarter of the year 2015 while three earlier FIRs were lodged in a series at different police stations in the year 2016---Said circumstances showed that at the time of lodging of those earlier FIRs, the cheques of the present FIRs were already dishonoured and in possession of the respondent and he could lodge those FIRs easily and described those cheques in any of those earlier FIRs---Respondent after getting decision of one FIR, lodged another FIR and in that way the respondent misused the process of law for twisting the arms of petitioner as a tool of recovery of amount due---Such practice was certainly amounted to misuse the process of law, which could not be allowed---If it was proved that at the time of…

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