Law: Civil Procedure Code (V of 1908)

Section: 417(2-A)

ORDER SHEET   ARBAB MUHAMMAD TAHIR J. Through the instant appeal in terms of Section 417(2-A) of the Code of Criminal Procedure 1898, ‘appellant’ namely Wali Ullah (complainant in main case) impugns Judgment dated 30.11.2021, passed by the learned Judicial Magistrate Section-30                                    Islamabad      (West)      whereby      Muhammad     Nauman                         Munawar (‘respondent’) was acquitted in case FIR No.210, dated 05.07.2017, under Section 489-F PPC, registered at Police Station, Aabpara, Islamabad.      The learned trial court acquitted the respondent, inter alia, observing as under:-    “It further revealed from the record that new cheque No. 07579902 issued by father of the accused, in replacement with other cheques including the subject cheque of this FIR, was also dishonoured, regarding which an FIR No. 69/2017, Police Station Kohsar was got registered and the criminal case was decided by the magisterial court vide its judgment dated 25.03.2019.   Since the fresh cheque was issued in replacement with the impugned cheque, it discharged the obligation of accused regarding the impugned cheque. Further, registration of instant FIR after registration of FIR No. 60/2017 against father of the accused, while concealing such fact, also shows fast forwarding of the complainant, which was not warranted under the law. It is trite law that co-existence of all ingredients to make out a criminal case is needed, whereas the existence of preceding financial obligation is substantial thereof, which in view of above discussion is not found out, thus other essentials to constitute the offence are not required to be looked into, due to the reason that even if, those are established the matter may not result in…