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2008 YLR 2575

Haji MUHAMMAD QASIM vs ILLAQA JUDICIAL MAGISTRATE, POLICE STATION

Citation2008 YLR 2575
CourtLahore High Court
Judge(s)S. Ali Hassan Rizvi
ResultPetition dismissed

' S. ALI HASSAN RIZVI, J. Instant petition is filed to set aside the order of learned Judicial Magistrate section 30, dated 28-1-2008.

2. Briefly, in case registered on the complaint of petitioner under section 489-F, P.P.C. The report for cancellation of the case was submitted before the learned Judicial Magistrate section 30 Multan.

The learned Magistrate agreed with the report and cancelled the case on 28-1-2008, hence this writ petition.

3. It is argued by learned counsel for the petitioner that valuable right was involved; the case was registered; delivery of cheque is admitted fact and police has wrongly concluded the investigation without recording of any reason, similarly the Illaqa Magistrate has not recorded any reason to agree with the report.

4. Learned counsel for respondent No,4 entered his appearance and has submitted that according to the result of the investigation the amount claimed was as interest for the previous principal loan which was paid and the reason has sufficiently been recorded.

5. Heard.

6. The learned Judicial Magistrate has recorded that principal amount has been received and in order to secure amount of loan obtained a cheque which is now being used and demanded interest amount which was the result of the investigation. I have gone through the impugned order and of the view that petitioner if like may establish his claim by filing the civil suit or private complaint as the matter requires thorough evidence and determination thorough evidence. There is found no illegality in the impugned order requiring interference through invoking constitutional provisions. Dismissed in limine.

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