2011 P Cr (PLP)

ZAHID HAMID, J.

This Criminal Miscellaneous Application is directed against the F.I.R. No.594 of 2009 which is solicited to be quashed. True English translation of aforesaid F.I.R. as placed on record reads as follows:-- "Brief facts as alleged in the F.I.R. are that complainant Mudasar Kamal son of Shareef-ul-Hasan Qureshi, alleged that some days ago he had taken over the charge of Society of Karachi College Teachers Housing Society, and after taking over the charge, I checked the account of the society and it transpired that an amount of Rs. 33,19,740 was withdrawn from the Habib Bank, New Town Branch, Karachi, wherein society account is being operative, in order to meet the expenditure of society, the cheques were passed, with the signature of Professor Dr. Ehsan Ullah and Professor Shaker Ali, prior to this Dr. Ehsan and Professor Muhammad Raft were designate of the society, since February, 2009 during the said tenure the Cheque No. 223926 dated 1-9-2008 amounting to Rs. 365,900 was got enchased by appending forge signature, by the Asmat Rasool Qadir, thereafter in different dates from February 2009 to onward ten cheques were got encashed under the forged signature of Professor Ehsan Ullah and Dr. Shaker Ali and said amount was used in his personal need, out of ten cheques two cheques were got encashed in his personal account, I produce Asmat Rasool Qadri who is servant of Mudasar Kamal, Dr. Ehsan Ullah and Muhammad Raft, who dishonestly encashed the cheques under the signature of above said persons legal action may be taken. " Learned counsel for the applicant is representing Asmat Rasool Qadri against whom the material allegations have been made of his allegedly having withdrawn an amount of Rs. 33,19,740 from the account of the Society after forging the signatures. It is claimed by the learned counsel that the above F.I.R. was unathoritedly lodged as the Bye-Laws of the Society did not permit initiation of prosecution by the complainant Mudassar Kamal who was not given approval by the Managing Committee before causing the said F.I.R. to be registered. Learned counsel has relied upon the Bye-Law and has drawn the attention of this court to the same which are as follows:- "

53. Without prejudice to and not so as to limit or restricted general power conferred by the last preceding bye-law and the other powers conferred by the rules and these bye-laws it is hereby expressly declared that Committee shall have the following powers that is to say, power-- (a) to dispose of applications for membership; (b) to check the account of the Secretary or, treasurer and to examine the register and account books and to take steps for the recovery of sums due to the Society; (c) to sanction working expenses, Account the cash balance and deal with other miscellaneous business; (d) to see that the cash book is written up promptly and is signed daily by one of the members of the Committee; (e) to hear and deal with complaints; (f) to deposit the funds of the Society in any bank or banks approved by the Registrar and to authorise by a written resolution members of their body not exceeding to draw upon the accounts, either jointly or severally as may be laid down in the resolution; Be that as it may, it is found that the challan has already been submitted and the case is pending before the learned XVIth Judicial Magistrate (East) Karachi. In order to sustain his objection as against the F.I.R. or about its unauthorized registration in violation of the Bye-Laws, the applicant may try his luck before the learned Lower Court by making appropriate application as he cannot be allowed to bypass the provisions of section 249-A, Cr.P.C. by directly resorting to the proceedings under section 561-A, Cr.P.C. which power can be exercised only rarely by this court in the cases of abuse of the process of the court and to secure the ends of justice. The alternate remedy being available to the applicant may be availed by him in accordance with law. This order shall not influence the outcome of any application in this behalf by the applicant before the Lower Court below. Resultantly this Criminal Miscellaneous Application is dismissed. H.B.T./A-96/K Application dismisse