2019 PLP 2694 (YLR)
ISRAR HUSSAIN — Petitioner Versus The STATE — Respondent
| Citation | 2019 PLP 2694 (YLR) |
| Forum / Court | Gilgit-Baltistan Chief Court |
| Bench Members | Malik Haq Nawaz, J |
| Parties | ISRAR HUSSAIN — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2019 PLP 2694 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2019 PLP 2694 (YLR)?
The case was heard and decided by the Gilgit-Baltistan Chief Court bench comprising: Malik Haq Nawaz, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2019 PLP 2694 (YLR) (ISRAR HUSSAIN — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muzafar-ud-Din for Petitioner.
- Dy. Advocate General for the State.
- 3. The learned Dy. Advocate General submitted that the petitioner issued a cheque of Rs.300000/- (three lac) which was bounced back due to insufficient balance. The section 489-F has been enacted to meet such like eventualities.
Headnotes / Summary
S. 561-A
Penal Code (XLV of 1860), Ss. 420 & 489-F
Cheating, dishonouring of cheque due to lack of funds
Inherent powers of Chief Court under S.561-A, Cr.P.C.
Quashing of FIR
Scope
Malicious attempt on the part of complainant
Effect
Allegation against the petitioner was that he issued a cheque which, on presentation, was dishonored due to insufficient balance
Record revealed that complainant had already lodged FIR against another person/accused on the same allegation
Said FIR was quashed by the Chief Court
Same complainant had lodged the present FIR against present petitioner, with a little variation in the contents of previous FIR, which seemed to be a malicious attempt on the part of the complainant
Complainant made a second attempt to tease the petitioner, when earlier FIR almost on the same allegation was already quashed by the Chief Court
Chief Court ordered quashing of impugned FIR
Application was allowed accordingly. MLD 2019 287 ref. Dy. Advocate General for the State.
Judgment & Decree
MALIK HAQ NAWAZ, J.
The instant petition under section 561-A, Cr.P.C. has been filed by the petitioner for quashment of FIR No.60/2018 dated 24-08-2018 on the written application of one Sher Zaman son of Shakour Khan resident of Jalalabad.
2. The learned counsel for the petitioner submitted that the case is one of the civil dispute between the complainant and the petitioner, which has been turned into a criminal case just to pressurize the petitioner. Per learned counsel no useful purpose will be served to allow to continue with the trial of the case. The learned counsel in support of his contention relied on Cr. Misc. No.158/2018.
3. The learned Dy. Advocate General submitted that the petitioner issued a cheque of Rs.300000/- (three lac) which was bounced back due to insufficient balance. The section 489-F has been enacted to meet such like eventualities.
4. The petitioner is charged in FIR on the allegation that he issued a cheque bearing No.144803 dated 20-06-2018 and on presentation the cheque in Co-operative Bank Gilgit, the cheque was bounced back due to insufficient balance. The complainant earlier lodged FIR No. 60/2018 against one Iqtidar Hussain on the same allegation, which was quashed by this Court in Cr. Misc. No. 158/2018 dated 28-09-2018 and the same complainant lodged the present FIR against one Israr Hussain, with a little variation in the contents of FIR, which seems to be a malicious attempt on the part of complainant. Some of the grounds for quashment of FIR under section 561-A, Cr.P.C. have mentioned in a case reported in 2019 MLD 287 (citation c and d) which are as under:- (c) Criminal Procedure Code (V of 1898)
S.561-A
Inherent powers of High Court-- Quashing of FIR
Principles. High Court quash an FIR under section 561-A, Cr.P.C., in the presence of following circumstances. (1) If there is any jurisdictional defect; (2) If there is any patent violation of some provisions of law; (3) If allegations as contained in the complaint or FIR, even if believed, no case was made out and the continuation of the proceedings would amount to sheer abuse of process of the court; (4) When an Endeavour was made to enforce civil liability the machinery of criminal court; and (5) Inordinate delay, amounting to abuse of process of Court. "(d) Criminal Procedure Code (V of 1898)
S.561-A
Inherent powers of High Court-- Quashing of FIR
Circumstances when could not be quashed, enumerated. High Court quash FIR under section 561-A, Cr.P.C., in the following circumstances. (6) Where the case is at the stage of investigation; (7) In presence of cognizable offence; (8) When the accused person has been found to be guilty and the trial is in motion; (9) When the challan under section 173, Cr.P.C. has been submitted before the Court of law; and (10) Where an alternate remedy under section 249-A, Cr.P.C. is available to the accused person.
5. In view of above, I, am of the view that the complainant made a second attempt to tease the petitioner, when earlier FIR almost all on the same allegations was quashed by this Court. The petition is allowed and FIR No. 60/2018 dated 24-08-2018 is quashed accordingly.
6. FIR quashed. MQ/29/GB Application allowed.