2006 PLP 3015 (YLR)

IJAZ AHMAD CHAUDHRY, J.--Through this petition under Article 199of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks quashment of F.I.R. No.277 dated 13-6-2005, registered under section 489-F, P.P.C. at Police Station, Saddar Gujrat on the application of respondent No.3, Amjad Farooq.

2. Learned counsel for the petitioner contends that the petitioner and the complainant were inducted in civil litigation for the last so many years and on account of an .agreement -arrived at between the complainant and the petitioner two cheques were issued by the complainant to the petitioner, first on 29-3-2004 for an amount of Rs.8,25,000 and on 30-3-2005 for an amount of Rs.13,00,000 to be drawn from Faysal Bank Limited Gujrat. The said cheques. on presentation before the Bank were dishonoured and the petitioner moved an application to DPO, Rawalpindi for registration of the case on 7-4-2005, which was not processed and the petitioner was constrained to file an application under section 22-A, Cr.P.C. before the learned Additional Sessions Judge who has directed the petitioner vide order dated 21-4-2005 to seek the remedy at Gujrat where the cheques were dishonoured. It is next contended that the complainant when came to know about the moving of the second application by the petitioner before the learned Sessions Judge on 30-4-2005, he had got registered this false case against the petitioner as a counterblast with mala fide intention and ulterior motives to save his skin which is liable to be quashed.

3. On the other hand, learned counsel for the complainant opposes this petition on the ground that the petitioner has been declared fugitive from justice, who had not joined the investigation so far and he cannot be given the right of audience. It is further contended that the cheque book was lost and factual controversies cannot be resolved without recording of evidence; that the suit has not been filed against the concern with the proceedings relied upon by the learned counsel for the petitioner.

4. I have heard the learned counsel for the parties and also perused the record with due care and caution.

5. No doubt the petitioner has placed on record an application moved to DPO, Rawalpindi and also the application moved under section 22-A, Cr.P.C. for registration of the case against the complainant as the cheques issued by him for an amount of Rs.1,700,000 were dishonoured but Justice of Peace had directed the petitioner to seek remedy at Gujrat as the cheques were dishonoured there but the present case has been registered against the petitioner that his cheque was lost and which version is correct can be appreciated only after recording of evidence and through probe by the Investigating Officer and this Court.) cannot assume the role of Investigating Officer as laid down in Brig: Imtiaz's case reported in 1994 SCMR 2142. As far as the contention of the learned counsel for the petitioner that civil suit has been filed is concerned, the same is between the petitioner and the other party and the complainant appears to have no concern with the said suit being not party in the said suit; which cannot be taken as a ground for quashment of F.I.R. in the present case. Hence, this petition is disposed of with direction to S.P (Investigation), Gujrat to entrust the investigation of this case to another police officer not below the rank of Inspector who shall record version of the petitioner as well and conduct they investigation fairly and Investigation fairly and properly. H.B.T./M-406/L Order accordingly.