Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Code of Criminal Procedure, 1898

Section: 154,22-A & 22-B

Summary :

This decision involves an application by Ali Haider 'Ada' challenging the order of the Vth Additional Sessions Judge/Ex-Officio Justice of Peace, Sukkur, dated 04-02-2025. The order directed the recording of respondent No.3's statement regarding the dishonor of a cheque (No. 83223118, HBL Microfinance Bank, Rs. 220,000, dated 18-08-2024) under Section 154 Cr.P.C.—with further directives if a cognizable offence was made out. The applicant contended that the cheque was misused and only given as security related to a plot transaction in which he was a mere witness. Respondent No.3 argued that the cheque was issued for a legitimate transaction and was dishonored due to insufficient funds. The State submitted that a prima facie business transaction existed and supported proceeding as per the impugned order. The court found that the matter concerned Section 489-F PPC (dishonestly issuing a cheque) and required proper investigation. The defence plea could be presented to the Investigation Officer, and no arrest should be made without tangible evidence. The application was dismissed, upholding the Justice of Peace's order.

Core Points :

Applicant’s Case: Cheque was given for security, not actual payment; applicant was only a witness to the main transaction; cheque misused by respondent No.3.

Respondent’s Case: The cheque was issued for fulfilment of an obligation (sale transaction); dishonored for insufficient funds.