2010 PLP 547 (YLR)
MUHAMMAD ALI AFRIDI — Applicant Versus PROVINCE OF SINDH through Home Secretary, Karachi and others —
| Citation | 2010 PLP 547 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Anwar Zaheer Jamali, C.J. and Faisal Arab, J |
| Parties | MUHAMMAD ALI AFRIDI — Applicant Versus PROVINCE OF SINDH through Home Secretary, Karachi and others — |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2010 PLP 547 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 547 (YLR)?
The case was heard and decided by the Karachi bench comprising: Anwar Zaheer Jamali, C.J. and Faisal Arab, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 547 (YLR) (MUHAMMAD ALI AFRIDI — Applicant Versus PROVINCE OF SINDH through Home Secretary, Karachi and others — ). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ms. Samia Durrani for Petitioner.
- Mrs. Halima Khan Addl.A.-G. for Respondents Nos. 1 and 2.
- Irfan Haroon for Respondent No.3.
- 3. At the outset, learned counsel for respondent No.3, who are the complainant in the said crime, states that without conceding to the allegations of mala fide or ulterior motive, respondent No.3 concede that for the recovery of sums due in respect of dishonored cheques issued by the petitioner, they will follow remedy before the Banking Court, which is the appropriate remedy, and insofar as the proceedings arising out of Crime No.12 of 2008, Police Station, Boat Basin are concerned, they are not interested in pursuing the same being unwarranted by law in view of the clear language of section 20(4) of the Financial Institutions (Recovery of Finances) Ordinance, 2001, and a recent judgment of this Court dated 7-11-2008 in the case of Nizar Ali Fazwani and another v. M/s. Pak Golf Leasing Company and another (Criminal Miscellaneous. No.76 of 2008).
Headnotes / Summary
S.489-F
Constitution of Pakistan (1973), Art.199
Constitutional petition
Counsel for the complainant had stated that without conceding to the allegation of mala fide or ulterior motive, complainant conceded that for the recovery of sums due in respect of dishonoured cheques issued by accused he would follow remedy before Banking Court, which was the appropriate remedy and; that he was not interested in pursuing the same being unwarranted by law in view of the clear language of S.24(4) of the Financial Institutions (Recovery of Finances) Ordinance, 2001
No useful purpose would be served, in circumstances if the proceedings were allowed to continue before the concerned court
Proceedings were quashed. Nizar Ali Fazwani and another v. Messrs Pak Golf Leasing Company and another Criminal Miscellaneous. No. 76 of 2008 ref.
Judgment & Decree
Through this Constitutional petition, petitioner has sought quashment of F.I.R. No.12/2008, Police Station, Boat Basin, Clifton, Karachi, which has been lodged against him by the Recovery Officer of respondent No.3 for commission of offence under section 489-F , P.P.C.
2. As it appears from the parawise comments, submitted on behalf of respondent No.2, the Investigating Officer, after completion of investigation, has submitted Charge-sheet No.19 of 2008, dated 11-3-2008 before the concerned Court.
3. At the outset, learned counsel for respondent No.3, who are the complainant in the said crime, states that without conceding to the allegations of mala fide or ulterior motive, respondent No.3 concede that for the recovery of sums due in respect of dishonored cheques issued by the petitioner, they will follow remedy before the Banking Court, which is the appropriate remedy, and insofar as the proceedings arising out of Crime No.12 of 2008, Police Station, Boat Basin are concerned, they are not interested in pursuing the same being unwarranted by law in view of the clear language of section 20(4) of the Financial Institutions (Recovery of Finances) Ordinance, 2001, and a recent judgment of this Court dated 7-11-2008 in the case of Nizar Ali Fazwani and another v. M/s. Pak Golf Leasing Company and another (Criminal Miscellaneous. No.76 of 2008).
4. Learned counsel for the petitioner, when enquired about the fate of the charge-sheet submitted before the concerned Court, stated that she is not aware about the proceedings in the said crime after submission of challan as the petitioner is seeking remedy before this Court for quashment of the F.I.R.
5. After careful perusal of the case record, we are of the opinion that registration of F.I.R. for the commission of offence under section 489-F, P.P.C. by the respondent No.3 is contrary to the spirit of above provision of law and dictum laid down in the above-referred judgment by a Division Bench of this Court and further respondent No.3 are conceding to the position that they intend to seek remedy before the Banking Court instead of following remedy of criminal prosecution of the petitioner due to dishonoured cheques.
6. In such circumstances, no fruitful purpose will be served if the proceedings arising out of Crime No.12 of 2008, Police Station, Boat Basin are allowed to continue before the concerned Court. Accordingly, the said proceedings are quashed and this petition is disposed of accordingly along with the listed-application. H.B.T./M-220/K Proceeding quashed.