2013 PLP 108 (YLR)

QAISER RASHID KHAN, J.

Petitioner, Sardar Muhammad Aslam has filed the present writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeking quashment of F.I.R. No.648 dated 11-7-2011 registered under section 489-F of Pakistan Penal Code, 1860 in Police Station Mir Pur, Abbottabad.

2. Facts leading to the instant petition are that on 7-7-2011, Syed Aamir Ali Shah Kazmi, respondent No.6 moved an application to District Police Officer, Abbottabad, respondent No.3 for registration of case against the present petitioner. The said application was marked to S.H.O., Police Station, Mir Pur Abbottabad, respondent No.1. The S.H.O. entrusted the said application to Amjad Ali, IHC for investigation. It was alleged by the complainant in his application that an amount of Rs.1,800,000 was outstanding against the present petitioner but he had been delaying payment of the said amount and afterwards by playing fraud upon the complainant, the petitioner issued a cheque, bearing No.9528090 dated 5-7-2011 of Muslim Commercial Bank, Ayub Medical College Branch of Account No.PLS 13200201009457, which on presentation in the bank, was dishonoured. After obtaining the report from the Bank, the above-mentioned case was registered against the present petitioner.

3. During investigation, it came to light that complainant by pretending himself to be an officer of Chief Minister, Khyber Pakhtunkhwa obtained the said cheque from the present petitioner as security and promised him to get a job for his son from the Chief Minister. Later on, the local police recommended for cancellation of case being false and proceedings under section 182, P.P.C. against the complainant.

4. Learned counsel for the petitioner argued that the F.I.R. is based on mala fide; that the complainant posed himself to be an officer of the staff of the Chief Minister, Khyber Pakhtunkhwa and got a cheque from the accused/petitioner as a security with the commitment to provide job for his son in the provincial government department; that afterwards the petitioner came to know that the complainant is a cheat and involved in many cases of fraud and cheating with other persons; that Dr. Khalid in whose presence the accused/ petitioner gave the cheque to the complainant recorded his statement before the police as well as before the Magistrate and exonerated the petitioner from the commission of the offence and finally the police found the case to be false and fabricated and submitted their final report.

5. On the contrary, the learned counsel for the respondent/complainant argued that the petitioner owed a sum of Rs.1,800,000 to the complainant and in this respect gave him a cheque bearing No.9528090 dated 5-7-2011 of Muslim Commercial Bank, Ayub Medical College Branch of Account No.PLS 13200201009457, which was dishonoured; that the petitioner has played a fraud upon the complainant; that it was after proper investigation that the F.I.R. was registered against him; that the accused/petitioner had only made a story of the alleged employment of his son just to save himself from the criminal proceedings.

6. Arguments heard and record perused.

7. There is no denying the fact that the petitioner gave a cheque bearing No.9528090 for an amount of Rs.1,800,000 dated 5-7-2011 to the complainant respondent, which was dishonoured at the counter of Muslim Commercial Bank, Ayub Medical College Branch, Abbottabad. However, strangely enough, in his complaint, the complainant only alleged that the petitioner owed him an amount of Rs.1,800,000 without making an oblique reference to their inter se relation as to on what account such a huge amount was outstanding against the petitioner. The offence under which the petitioner has charged with is section 489-F, P.P.C. However, section 489-F, P.P.C. is about the dishonest issuance of a cheque by a person towards the re-payment of a loan or fulfilment of an obligation which is dishonoured on presentation. In the present case no friendship, business or for that matter close family relations were cited by the complainant for giving such a huge amount to the accused/petitioner while lodging the complaint against him.

8. In this age of mistrust and of course, dearness as well, a person while entering into such monetary relations with an individual seeks double assurances and that too, in black and white and certainly not in a manner as the circumstances of the presence case suggest. Rs.1,800,000 is any way too, big amount to be given to a person without any written commitment. Moreso, a host of F.I.Rs. lodged against the complainant have been placed on record, which are mentioned in the final police report. Though we have taken note of the same, but would not offer our comments, lest the proceedings in the trial Court in those cases are prejudiced in any manner. As far as case F.I.R. No.648 dated 11-7-2011 registered under section 489-F of Pakistan Penal Code, 1860 in Police Station Mir Pur is concerned, we feel persuaded to believe that in view of the peculiar facts and circumstances, the same is false and fabricated and is accordingly quashed. MWA/176/P Petition allowed.