' Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 Mst.
Tahira Yasmeen, Muhammad Akram and Sh. Shahid Farooq, petitioners seek quashment of case F.I.R. No,131, dated 14-4-2004 under sections 489-F/506, P.P.C., registered with Police Station, Ghulla Mandi, District Sahiwal, on the statement of Muhammad Safdar, respondent No,2.
2. Brief facts necessary for the disposal of this petition are that Sh. Shahid Farooq, petitioner No,3 being owner of Suchal Cotton Factory, Renala Khurd had been dealing in supply of raw material to respondent No,2 and for the smooth running of business, petitioner No,3 used to issue blank cheques to be retained by respondent No,2 only as a trust and not to encashment, whereas petitioners Nos.1 and 2 do not figure anywhere in this transaction. Respondent No,2 moved an application under section 22-A, Cr.P.C. Before Justice of Peace for registration of a criminal case against the petitioners, as a consequence of which a direction was issued to the concerned S.H.O.
For necessary action as per law. On receipt of the said order, S.H.O. Immediately registered a case against the petitioners under section 489-F/506, P.P.C.
3. Learned counsel appearing on behalf of the petitioners submits that S.H.O. Police Station, Ghulla Mandi had no jurisdiction to register this case as alleged transaction had taken place within the territorial jurisdiction of Police Station, Renala Khurd. Adds that the alleged transaction does not arise out of any Loan liability, at the most it was a case of rendition of accounts between the parties regarding which suit has already been filed, which is pending before a Court of competent jurisdiction. Also adds that offence under section 489-F, P.P.C. Is not made out from bare perusal of the FIR. That cheques issued by the petitioners were to be retained by respondent No,2 as a trust and were not to be used, as outstanding amount had already been paid by petitioner No,3. Further adds that the amount mentioned in the cheque was entered only as a security for petty advances, otherwise the amount was not due on any liability against anyone of the petitioners. Further adds that petitioners Nos.1 and 2 have nothing to do with the business and they have been only dragged in order to humiliate the petitioners. Lastly, submits that the instant F.I.R. Is based on mala fide.
4. Learned counsel for the State assisted by learned counsel for respondent No,2 has controverted the contentions raised by learned counsel for the petitioners.
5. I have heard the learned counsel for the parties and perused the record carefully. The contention of petitioner's counsel that offence under section 506, P.P.C. Is not made out and it has only been added, in order to bring the offence within the territorial jurisdiction of Sahiwal Police, requires factual inquiry, which cannot be undertaken at this stage while exercising Constitutional jurisdiction. It will be seen at the trial after recording of evidence of both the parties whether offence under section 506, P.P.C. Is made out or not. The other contention that cheques were issued by the petitioners, only to be retained by respondent No,2 as a trust and were not given in discharge of any loan or liability, also requires thorough probe. According to the Investigating Officer, the petitioners had not joined the investigation, therefore, matter is still under investigation.
It is an established principle of law that investigation with regard to commission of an offence cannot be supervised or controlled or interfered by the High Court as has been held in Khawaja Nazeer Ahmed's case. It has further been noticed that notification dated 8-10-2003 issued by Ministry of Interior, Government of Pakistan, in Federal Investigation Agency Act, 1974 further following amendment have been made in the schedule to the act namely:-- ' In the aforesaid schedule in entry (1) after the figure and letter "489E' the comma, figure and letter "489-F" shall be inserted.
'After the said amendment in the schedule to the Act, the Federal investigation agency has become entitled to investigate the cases involving offences under section 489-F, P.P.C. And submit its report to the Court of competent jurisdiction. Learned counsel for the petitioner has failed to make out case for quashment of F.I.R. In question.
6. Accordingly, this petition is dismissed being devoid of any force.
7. However, Investigating Officer is directed to investigate the instant case strictly in accordance with law and submit his report before a Court of competent jurisdiction as required by law.