' This is a petition for quashment of F.I.R. No,36, dated 5-3-2004 registered under section 489-F, P.P.C. At P.S. Kohsar, Islamabad.
2. According to the F.I.R. Lodged upon the complaint of one Shahjehan Khetran, the petitioner issued Cheque No,FSA.62780 in the sum of US $10,00,000 which was dishonoured upon presentation. The case of the petitioner is that the petitioner entered into a bargain with respondent No,3 to purchase the membership of Islamabad Stock Exchange, Islamabad from the latter. The bargain as settled for a total consideration of Rupees 8.5 million. The petitioner issued a cheque of Rupees one million on 11-2-2004 in favor of respondent No,4 as earnest money. He paid another sum of Rs,1,00,000 in cash and the remaining sale consideration of Rupees 7.4 million was to be paid before the transfer of the membership card. The case of the petitioner is that incidentally the Cheque No,62780 pertained to his Foreign Exchange Account and realizing his mistake he immediately issued Cheque No,C.D.403359 dated 11-2-2004 in the sum of Rupees one million from his local currency account while another Cheque No,C.D.-403361 dated 14-2-2004 was issued in the sum of Rs,5,00,000 favoring respondent No,3. On the obverse on the cheque issued from the Foreign Exchange Account as also on the obverse of the later mentioned two cheques issued form the local currency account it was specifically mentioned that the payment was against the purchase of membership of Islamabad Stock Exchange from respondent No,3. It is further contended that Cheques Nos.CD-403359 and CD-403361 were both encashed by respondent No,3. It is submitted in these circumstance's that no case whatsoever is made out against the petitioner under section 489-F, Cr.P.C. And that F.I.R. No,36 dated 5-3-2004 is liable to be quashed.
3. On the other hand, Mr. Muhammad Munir Peracha, Advocate for the complainant admits to have received the two cheques bearing Nos.CD-403359 and CD-403361. He also admits that respondent No,3 has encashed the same. Regarding the disputed Cheque No,FSA-62780 he submits that the said cheque was issued by the petitioner for US $ one million in favor of respondent No,3 on account of some separate transaction.
4. This submission of the learned counsel for the complainant does not bear scrutiny. Firstly, the learned counsel for the complainant has not been able to indicate any such alternate transaction which the parties might have entered into. This appears to be a complete afterthought and not supported by any available .Material. Secondly there is no mention in Cheque No,FSA-62780 that it related to the payment of US $ amounting to one million. It is pertinent to note that the absence of the words US Dollars before or after the figure of one million is very conspicuous.
5. As the arguments have been addressed in detail as per the available record, the writ petition is admitted to regular hearing and is being decided as a regular case.
6. I have also perused the other documents such as the letter of transfer of membership dated 26- 2-2004 referring to the transfer of Membership from the name of Mir Shah Jehan Khetran in favor of the petitioner. There is a nomination form issued by respondent No,3 in favor of the petitioner along with a notice dated 13-2-2004 intimating the said transfer of Membership by respondent No,3 in favor of the petitioner. Also place on the record is a notice issued through counsel on behalf of the petitioner to respondent No,3, explaining the circumstances in which Cheque No,FSA-62780 was issued.
7. The police file has also been examined. Even according to the investigation carried out by the police, the petitioner has been found prima facie innocent.
8. In view of the detailed discussion hereinbefore referred to I am of the firm view that the disputed cheque was issued in the circumstances hereinbefore detailed and that the lodging of F.I.R. No,36, dated 5-3-2004 was the result of ulterior motive which has been negatived even during the police investigation.
9. Resultantly, this writ petition is allowed and the F.I.R. No,36 dated 5-3-2004 registered under section 489-F, P.P.C. Is directed to be quashed.