Law: Penal Code (XLV of 1860)

Section: 489-F

Penal Code (XLV of 1860)--- ----S.489-F---Dishonestly issuing a cheque---Payment of amount mentioned in cheque---Scope---Petitioner got lodged three FIRs against the respondent under S.489-F, P.P.C.---During investigation, respondent paid the amounts mentioned in the cheques to the petitioner through pay orders, etc---Magistrate disposed of the FIRs under C class, which orders were under attack---Core argument of the petitioner was that the amounts received by him were not for adjustment of amounts of cheques but were paid to him as profits on his investment---High Court observed that since there was no determination by any forum upholding the theory of petitioner, therefore, no such finding could be given---Dispute between the parties appeared to be of civil nature for settlement of accounts---Observations and conclusions of the Magistrate did not appear to be suffering from any illegality or miscalculation warranting interference by High Court in exercise of constitutional jurisdiction particularly when the petitioner had an adequate remedy available in the shape of a direct complaint on the same cause of action---Constitutional petitions were dismissed, in circumstances. Zubair Ahmed Rajput for Petitioner. Asif Ali Pirzada holding brief for Mallag Essa Dashti for Respondent No.3. Khadim Hussain, Addl: PG Sindh. Zeeshan Adhi, A.G. Sindh. Date of hearing: 18th May, 2022. ORDER MUHAMMAD IQBAL KALHORO, J.----Petitioner registered three FIRs bearing Crime Nos.171 to 173, under section 489-F, P.P.C. at Police Station Gizri, Karachi against respondent No.3, Muzaffar Ali Sheikh, his business partner, doing business in garments. At some point in time, dispute arose between them over business accounts and profits, which respondent No.3 settled by giving him three cheques of Rs.7,500,000/-, one of Rs.3,500,000/- and one of Rs.2,500,000/-. When petitioner presented the same for encashment in the relevant bank were dishonored spurring him on to seek remedy by registering FIRs. After investigation, on the basis of material showing that the accused had paid petitioner amounts mentioned in the cheques through pay orders, etc., FIRs were recommended for disposal under 'B'…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492