Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Criminal Procedure Code (V of 1898)

Section: 561-A

(a) Constitution of Pakistan (1973)--- ----Art. 199---Quashing of criminal case by High Court---Scope---For quashing of F. I. R. grounds which could be highlighted, upon which a case could be quashed by the High Court exercising its constitutional jurisdiction, were where the case was of no evidence; where the very registration of the case was proved to be mala fide on the face of record; where the case was of purely civil nature and criminal proceedings were not warranted in law, especially to harass accused; where there was serious jurisdictional defect; and where there was unexceptional delay in the disposal of the case causing deplorable mental, physical and financial torture to the person proceeded against. (b) Constitution of Pakistan (1973)--- ----Art. 199---Criminal Procedure Code (V of 1898), S.561-A---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Constitutional petition---Quashing of F.I.R.---Accused, according to record had not issued the cheques with dishonest intention and at the time of presenting the same in the Bank for encashment, he was not liable to fulfil any of his obligations under the agreement of rent by the complainant; as the agreement was for a period of one year and the cheques were issued in terms of security, not to be presented in the Bank; and refundable to accused after the termination of the contract---Civil liability existed between the parties and accused in lieu of the issuance of the' same did not receive anything---Situation, in circumstances, had not changed even due to the disonour of the cheque and circumstances continued to exist as far as the payment of money to the complainant was concerned---Diversion of civil liability to criminal offence in the present case seemed to be with mala fide intention and for ulterior motive---When prima facie no case was made out and when there was want of jurisdiction and when there was a sheer abuse of the process of law, in peculiar circumstance High Court under its inherent powers as well as constitutional jurisdiction could quash the proceedings---Registration of both F. I. Rs. vide which no offence was made out, if allowed to be continued would amount to the…

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