' On 10-7-2002 was dishonoured by the Bank upon presentation. The respondent filed an application .Before the learned Sessions Judge, Islamabad, reporting the said fact. The learned Sessions Judge directed registration of a case and a case under sections 489-F, P.P.C. Was registered vide F.I.R. No. 318 dated 25-9-2003 at Police Station, Industrial Area, Islamabad.
2. This criminal revision came up for hearing on 20-11-2003 when after hearing the learned counsel, notice was issued. Learned counsel for the respondent No.3/complainant has put in appearance.
3. The precise contention of the petitioner is that the cheque was issued on 2-7-2002 whereas section 489-F, P.P.C. Was enacted on 25-10-2002. Now according to this provision of law the offence defined therein is constituted by a "dishonest issuance of a cheque" which is later dishonoured. This means that at the point of time when allegedly the petitioner issued the said cheque, the said provision of law was not on the Statute book.
4. Now Article 12 of the Constitution of the country places an express bar upon retrospective punishment and protects the citizens of the country against the same. This being so, the said provision of law i.e. Section 489-F, P.P.C. Cannot be applied with retrospective effect so as to ultimately punish the petitioner for the alleged Commission of the said Its under section 489-F, P.P.C. This criminal revision is accordingly allowed and the impugned order dated 24-9-2003 of the learned Sessions Judge, Islamabad, being without lawful authority is set aside and consequently the F.I.R. No. 318 dated 25-9-2003 under section 489-F, P.P.C. At Police Station, Industrial Area, Islamabad, B is quashed.
Revision .