Law: Code of Criminal Procedure, 1898

Section: 22-A, 22-B,154,155,169,173,182,561-A

Law: Pakistan Penal Code, 1860

Section: 489-F

Summary of Judgment

The applicant challenged the order dated 24.03.2025 passed by the Additional Sessions Judge-IV / Ex-Officio Justice of Peace, Khairpur, which directed the SHO of Police Station T.M. Khan to record the statement of respondent No. 4 (Ali Gul) under Sections 22-A and 22-B Cr.P.C. The dispute concerns a cheque allegedly issued by the applicant (Musaddiq Mujtaba) for Rs. 700,000, which respondent No. 4 claims was dishonored, attracting offence under Section 489-F PPC (dishonest issuance of cheque).

The applicant contended that the cheque actually belongs to another person, Ghulam Mujtaba, and denied issuing it. However, the Justice of Peace found a prima facie case based on an Iqrarnama (confession) executed by the applicant and other documentary evidence, and rightly directed the police to record the statement of respondent No. 4 for investigation.

The court emphasized that recording the complainant’s statement and initiating investigation is a statutory right under Section 154 Cr.P.C. and refusal to do so amounts to denial of justice. The question of ownership and liability regarding the cheque is a factual dispute to be resolved through investigation and trial, not at the stage of recording the FIR or statement.