2011 MLD 540 (PLP)
ABDUL SALAM — Petitioner Versus S.H.O. POLICE STATION RATODERO and 2 others — Respondents
| Citation | 2011 MLD 540 (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ABDUL SALAM — Petitioner Versus S.H.O. POLICE STATION RATODERO and 2 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 MLD 540 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 MLD 540 (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 MLD 540 (PLP) (ABDUL SALAM — Petitioner Versus S.H.O. POLICE STATION RATODERO and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Faiz Muhammad Larik for Petitioner.
- ABDUL HADI KHOSO, J.---Heard Mr. Faiz Muhammad Larik, Advocate for the petitioner, Mr. Musab Baleegh Dhamrah, State Counsel and perused the memo of petition and relevant papers.
Headnotes / Summary
S. 489-F
Criminal Procedure Code (V of 1898), S.154
Constitution of Pakistan, Art.199
Constitutional petition
Petitioner sought direction to S.H.O. for registration of criminal case
Long delay in presenting the cheque to bank made the transaction a civil liability
Imposition of criminal liability and direction for registration of criminal case would be unjustified in circumstances
Petition was dismissed.
Judgment & Decree
ABDUL HADI KHOSO, J.
Heard Mr. Faiz Muhammad Larik, Advocate for the petitioner, Mr. Musab Baleegh Dhamrah, State Counsel and perused the memo of petition and relevant papers. This petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for seeking directions to the respondent No.1 S.H.O. Police Station Ratodero for taking cognizance and recording the statement under section 154 Cr.P.C. for the alleged liability that the proposed accused Vijay Kumar used to take fertilizer of lacs of rupees from the petitioner on credit basis and he issued Cheque No.9157330 on 10-2-2010 for United Bank Limited Ratodero Branch of worth Rs.400,000 to the petitioner towards payment of cost of fertilizer which he had obtained from the petitioner. The petitioner had produced the cheque for encashment in the bank on 16-7-2010 but it was dishonored and such memo. was issued by the bank. As dishonouring of the cheque is an offence under section 489-F, P.P.C. therefore, learned counsel for the petitioner filed this petition for seeking directions to the S.H.O. Police Station Ratodero for registration of the case. In the instant case it appears that the cheque in question was issued for encashment on 10-2-2010 but the same was produced after long delay on 16-7-2010 and on that date it was bounced. In my humble view, after such delay production of the cheque in bank makes the transaction to be of civil liability and the matter could not be stretched towards the criminal liability therefore, the directions for registration of the case to the police to take cognizance in such a situation will be unjustified. The petitioner may seek civil remedy available to him in the competent Court of law, if so advised. Petition stands dismissed. A.R.K./A-132/K Petition dismissed.