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           JUDGMENT MOHSIN AKHTAR KAYANI, J:- Through the instant writ petition, the petitioner has assailed the order dated 31.10.2016 passed by learned Judicial Magistrate, Section 30 (East) Islamabad whereby the learned Judicial Magistrate has agreed to the cancellation report submitted by the Investigation Officer and cancelled the FIR No. 279, dated 26.10.2015, U/S 489-F PPC, P.S. Sihala, Islamabad. 2.    Brief facts of the instant case are that petitioner Jahanzeb Ahmed moved an application for registration of FIR against Ch. Nadeem, Ch. Fahad and Ch. Naveed in  December, 2014 while alleging that accused had barrowed an amount of Rs.11,800,000/- in presence of witnesses and for repayment of the same, issued a cheque bearing No.CA-0056694142 dated 22.01.2015, amounting to Rs.11,800,000/-. It has further been contended in the FIR that the said cheque was dishonored on its presentation due to insufficient balance, finally the instant FIR has been lodged. During the course of investigation the police has recommended the cancellation of the said FIR mainly on the ground that cheque in question was not issued against a liability rather an oral agreement to sell had taken place between the parties for the sale of a commercial plot measuring 05-Marla in Bahria Town Karachi through Triangle Real Estate for the sale consideration of Rs.14,300,000/- however, it has been referred in the police report that amount of Rs.2,500,000/- was paid at different occasions to the petitioner and a cheque of Rs.11,800,000/- was handed over to him however, the said sale was not confirmed latter on, as a result whereof the petitioner forfeited the amount of Rs.2,500,000/- but at the same time lodged a criminal case on the basis of said cheque. Learned Judicial Magistrate after hearing the parties agreed to the cancellation report through the impugned order.  3.    Learned counsel for petitioner contends that the cheque in question was issued against a loan transaction but the same was not honored, therefore, FIR was lodged; that the petitioner has witnesses to prove that he has…