2005 PLP 1245 (MLD)

Through this writ petition the petitioner has sought quashment of F.I.R. No.107 of 2005, dated 5-3-2005 registered on the complaint of one Amir Khan son of Saeed Ahmad under section 489-F, P.P.C. at Police Station Galla Mandi District, Sahiwal.

2. Learned counsel for the petitioner contends that the complainant has himself stated in the F.I.R. that petitioner handed over a cheque to him on 28-5-2001 which was dishonoured on 6-6-2001 whereas offence under section 489-F, P.P.C. was inserted in P.P.C. vide Ordinance No.LXXXV of 2002 dated 25-10-2002, therefore, the same could not be made punishable retrospectively under the provision of Article 12 of the Constitution of Islamic Republic of Pakistan, 1973. Further contends that there is unexplained delay of four years in lodging the F.I.R. which itself speaks the mala fide of the part of the complainant. Further submits that the petitioner filed a civil suit in which interim relief was granted and ultimately compromise between the parties was effected and petitioner did not pursue that suit and the same was dismissed for non-prosecution. That case has been registered with mala fide intention due to previous civil litigation and revenge.

3. On the other hand learned counsel A.A.-G. assisted by learned counsel appearing on behalf of respondent No.3 complainant submits that instant writ petition has no legal force and F.I.R. has been registered and is being investigated strictly in accordance with law, therefore, the same is not liable to be quashed.

4. I have heard learned counsel for the parties and perused the record. Section 489-F, P.P.C. was inserted in the P.P.C. through Criminal Law (Amendment) Ordinance, 2002 on 25-10-2002. The cheque in question bearing No.P.A. 4483671 was issued by the petitioner on 28-5-2001 which was dishonoured on presentation on 6-6-2001 and accordingly the instant F.I.R. was registered. Bare perusal, of section 489-F, P.P.C. indicates that offence has been made punishable on issuance of a cheque dishonestly towards repayment of a loan or fulfilment of an obligation which is dishonoured on presentation. So, it becomes clear that an offence under this provision of law is constituted when a cheque is dishonestly issued. On the date of issuance of cheque i.e. 28-5-2001 by the petitioner the offence under section 489-F, P.P.C. was not on the statute book. The petitioner cannot be punished in view of Article 12 of the Constitution of Islamic Republic of Pakistan, 1973. Article 12 ibid provides that no law shall authorize punishment of a person for an act not punishable by law at the time of commission. Restriction has been imposed on the legislative by this Article that it cannot punish by retrospective legislation for an act which was not offence at the time, it was committed. Continuation of prosecution will be mere abuse of process of law. Reliance can safely be placed on "Afaf Rahim v. Nisar Ahmad and others" (2004 PCr.LJ 263).

5. In view of above discussion, this petition is allowed and F.I.R. No.107 of 2005 dated 5-3-2005 registered under section 489-F, P.P.C. at Police Station Ghalla Mandi is hereby quashed. N.H.Q./M-1025/L F.I.R. quashed.