Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B

Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Constitution of Pakistan, 1973

Section: 3

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 22-A ,  22-B--Pakistan Penal Code, (XLV of 1860), S. 489-F--Dishonouring of cheque--Penal and Criminal liability--Perusal of original cheque clearly reveals that it has been signed by deceased father of Respondents No. 4 and 5--Account was in name of deceased father of Respondents No. 4 and 5--Penal or criminal liability does not devolve upon legal heirs No. 4 and 5 may have inherited business of their late father and while they may have inherited his estate, it does not mean that they become criminally liable for actions or activities allegedly undertaken by their late father--While a suit for recovery from estate or inheritance may be in order, if at all, an application for registration of a criminal case against Respondents No. 4 and 5 on account of alleged deeds of their father cannot be countenanced--Concept of substitution of accused/convict is alien to criminal jurisprudence--Offences involving common object or common intention apart, a person is only liable for an offence that he commits himself--For any offence committed by an accused who dies, his legal heirs cannot be subjected to rigors of offence since criminal jurisprudence does not recognize devolving of criminal liability. Constitution of Pakistan, 1973-- ----Art. 3--Provision of safe Guard--Art. 3 of Constitution of Islamic Republic of Pakistan, 1973 clearly provides safeguards against exploitation and persecution of citizens. JUDGMENT The titled constitutional petition is sought to be decided through this judgment. 2. Facts in brief are that the petitioner filed an application under Sections 22-A , 22-B, Cr.P.C. for registration of a criminal case against Respondents No. 4 and 5 i.e. Chaudhry Ali Zahid and Chaudhry Khizar Zahid sons of Muhammad Zahid Iqbal. The petitioner claimed in his petition that the respondents were known to him and that they had purchased agricultural machinery from him and had issued a cheque Bearing No. 1673569183 dated 03.11.2020 amounting to Rs. 11,00,000/- to be drawn at MCB, Nawan Sher Branch, LMQ Road, Multan but that when the petitioner deposited the cheque in his account the same was dishonoured thrice.…

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