Law: Criminal Procedure Code (V of 1898)

Section: 561A,22A,154

Law: Penal Code (XLV of 1860)

Section: 489F

Criminal Procedure Code (V of 1898)-------Ss. 561-A , 22-A & 154---Penal Code (XLV of 1860), S. 489-F---Inherent powers of High Court under S. 561-A, Cr.P.C.---Scope---Powers of Ex-officio Justice of Peace---Order passed by Ex-officio Justice of Peace for the registration of FIR under S.489-F, P.P.C---Petitioner assailed order passed by Ex-officio Justice of Peace and sought quashing of the same---Held: Petitioner received loan of Rs. 50,00,000/- from the respondent and issued him a cheque which was dishonoured when presented before the concerned bank---Section 489-F, P.P.C did not distinguish or categorize reasons for creating the offence of issuance of a cheque that had been dishonoured---Said provisions of law did not create a classification of cheques; only that a cheque issued in respect of an obligation was dishonoured---Since S.489-F, P.P.C, did not allow for any extraneous considerations to be taken into account before it could be triggered; it was in the nature of a self-executory provision, so to speak, and as long as a cheque in respect of an obligation was dishonoured upon presentation and an endorsement to that effect was provided by the bank, the offence was complete and the application narrating such an occurrence had to be acted upon in terms of S.154, Cr.P.C---What was placed before Justice of Peace in the present matter was a cheque and a slip provided by the bank showing that the cheque had been dishonoured---Ex-officio Justice of Peace had to ensure whether, from the facts narrated in the application, any cognizable case was made out or not, and if yes, then he could obviously issue directions that the statement of the complainant be recorded under S.154, Cr.P.C---Such powers of the Justice of Peace were limited to aiding and assisting in the administration of the criminal justice system---Justice of Peace had no right to assume the role of an investigating agency or a prosecutor but had been conferred with a role of vigilance to redress the grievance of those complainants who had been refused by the Police Officials to register their reports---Petition was dismissed, in circumstances.Date of hearing: 6th May, 2024.ORDERADNAN-UL-KARIM…