Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 489-F---Constitution of Pakistan, Art.199---Dishonestly issuing a cheque---Constitutional petition---Quashing of FIR---Prosecution case was that complainant had a joint business of construction work with the petitioner and petitioner committed embezzlement of Rs. two crore from the income of said business---Dispute was referred to the arbitrator, who after rendition of account held the petitioner liable to pay Rs. sixty lac to the complainant---Consequently accused-petitioner issued a cheque of Rs. fifty lac to the complainant, but the cheque was bounced when presented in the bank, hence the FIR was lodged---Accused-petitioner had contended that he was innocent and had falsely been implicated in the case; dispute between the parties was of civil nature, thus criminal proceedings could not have been initiated against him---Registration of the case was outcome of mala fide, which was liable to be quashed---Validity---FIR reflected that the allegations levelled against the accused-petitioner were purely factual in nature and rebuttal by petitioner of such allegations required holding enquiry, which could not be done in exercise of power conferred under Art. 199 of the Constitution---FIR was still at investigation stage, and the allegations levelled in the FIR, prima facie, disclosed commission of a cognizable offence---Interference at such stage would amount to throttle the investigation---No case for quashing of FIR was, thus, made out---Constitutional petition was dismissed accordingly. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Quashing of FIR under constitutional jurisdiction---Grounds. High Court can quash the FIR in its constitutional jurisdiction on the following grounds:- (1) When no offence whatsoever has been disclosed by the facts alleged in the FIR or the case is of no evidence; (2) Where on the face of it, investigation of the case is outcome of mala fide; (3) When contents of FIR showed that matter was purely of civil nature and criminal proceeding is not warranted by law to cause harassment to the accused and (4) Where registration of FIR suffers from…

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