Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Code of Criminal Procedure, 1898

Section: 154

Summary:

The case concerns an appeal against an order dated 14-09-2024 by the Additional Sessions Judge/Ex-Officio Justice of Peace, Khairpur, directing the police to record the statement of the respondent for FIR registration related to a dishonored cheque issued by the applicant. The respondent claimed that the applicant issued a cheque of Rs. 1 million which was dishonored due to insufficient balance. The applicant’s defense was that the cheque was stolen and fraudulently presented by the respondent. The respondent denied this, alleging the applicant issued the cheque dishonestly under Section 489-F of the Pakistan Penal Code (PPC).

The court emphasized that under Section 489-F PPC, the offense of dishonestly issuing a cheque towards repayment or fulfillment of an obligation, which is dishonored on presentation, is punishable by imprisonment up to three years, a fine, or both unless the accused proves that arrangements were made with the bank to honor the cheque and the bank was at fault. The learned Justice of Peace allowed recording the statement of the respondent and mandated proper investigation, including verification of the applicant’s defense that the cheque was stolen. Since the offense is cognizable, an FIR must be registered if a prima facie case is found. The court held that the defense claim requires investigation but does not justify dismissal of the complaint at this stage. No illegality or irregularity was found in the Justice of Peace’s order, and the criminal miscellaneous application was dismissed.

Core Points:

The dispute centers on dishonor of a cheque (No. 63809294 dated 11-01-2024) for Rs. 1 million due to insufficient balance.