2019 PLP 510 (YLR)
IMTIAZ ALI — Petitioner Versus EX-OFFICIO JUSTICE OF PEACE and others — Respondents
| Citation | 2019 PLP 510 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Muhammad Kazim Raza Shamsi, J |
| Parties | IMTIAZ ALI — Petitioner Versus EX-OFFICIO JUSTICE OF PEACE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2019 PLP 510 (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 510 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Muhammad Kazim Raza Shamsi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2019 PLP 510 (YLR) (IMTIAZ ALI — Petitioner Versus EX-OFFICIO JUSTICE OF PEACE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Ajmal Adil for Petitioner.
- Mian Asim Ali for Respondent No.3.
Headnotes / Summary
Ss. 22-A & 22-B
Penal Code (XLV of 1860), S.489-F
Direction by Ex-officio Justice of Peace
Scope
Petitioner contended that on the application of the respondent under S. 22-A, Cr.P.C., Ex-officio Justice of peace had wrongly passed direction to the police to record his version
Cheque-in-dispute contained three different writings which had made the cheque questionable
Record revealed that the cheque was given to someone else for its onward transmission but the same was deceitfully handed over to the respondent( complainant of the case ) who after filling columns of the cheque secured a direction from the Ex-officio Justice of Peace
Police report showed that petitioner was not found having any fiduciary relationship with the respondent, so issuance of the cheque in favour of the respondent , in circumstances, appeared to be doubtful
Application filed by the respondent was with mala fide intention which fact was not noticed by the Ex-officio Justice of Peace while issuing the direction
Impugned order was not sustainable in circumstances
Constitutional petition was allowed.
Judgment & Decree
SYED MUHAMMAD KAZIM RAZA SHAMSI, J.
This constitutional petition is directed against an order dated 07.08.2017 passed by the learned Ex-Officio Justice of Peace, Faisalabad, whereby on the application of respondent No.3 a direction was issued to respondent No.2 to record his version.
2. As per application of respondent No.3 allegedly the petitioner had issued a cheque valuing Rs:10,00,000/- in favour of the respondent which was dishonoured when presented for encashment.
3. After having heard the parties and perusing the record, it is found that questioned cheque is containing three different writing on it which has made the cheque in dispute as questionable. It is further found that the cheque in question was given to Shah Jahan for onwards transmission to Faisal Butt but that cheque was deceitfully were handed over to complainant of the case who after filling columns of the cheque secured a direction from the learned Ex-Officio Justice of Peace. Further, it is found from the police reports that the petitioner is not having any fiduciary relationship with respondent No.3, so issuance of the cheque in favour of respondent No.3 in these circumstances appears to be doubtful. Since the application filed by respondent No.3 against petitioner was based upon mala fide which fact was not noticed by learned Ex-Officio Justice of Peace while issuing the direction, so impugned order is not sustainable.
4. For the reasons stated above, petition in hand is accepted and the impugned order is declared of no legal consequences, resultantly, application of respondent No.3 filed under section 22-A, Cr.P.C. is dismissed. MQ/I-14/L Petition accepted.