KHURSHID ANWAR BHINDAR, J.---Through the present constitutional petition, Messrs WAK Limited through Manager Finance seeks quashing of F.I.R. No,1256 of 2007, dated 20-11-2007, registered under sections 489-F/420/468/471, P.P.C. At Police Station Civil Lines, Lahore. '
2. Briefly the facts of the case are that Mr. Haseeb Azhar, Managing Director, Messrs Hatco (Private)
Limited, 30-KM, Multan Road, Lahore got registered the aforesaid F.I.R. Against the petitioner with the allegations that the petitioner issued a cheque of Rs,10 million in favour of complainant which, on presentation to the Bank of Punjab, was dishonored. He also alleged in the F.I.R. That petitioner also transferred two plots of Pak Arab Society in favour of the complainant which also could not be transferred as the transfer was stopped at the instance of the petitioner.
3. Learned counsel for the petitioner submit that the petitioner had not issued any cheque to the complainant. The fact of the matter is that the cheque book of the petitioner was lost and he had got registered a case F.I.R. No, 1177 of 2007, dated 13-12-2007 under sections 420/ 468/471, P.P.C. At Police Station Gulberg, Lahore regarding the loss of cheque book and in consequence whereof the petitioner had stopped payment of account No,004596-0007 through a written letter addressed to the Chief Manager, The Bank of Punjab, Main Branch, Egerton Road, Lahore, as such, the petitioner has committed no offence and the impugned F.I.R. Is liable to be quashed.
4. Learned counsel for the respondents submits that the matter in issue requires a factual probe which exercise is not permissible under the law in these constitutional proceedings, as such, this constitutional petition is not maintainable.
5. I have heard all the learned counsel and have also perused the record. This Court has to see as to whether offences under which the petitioner-company is liable to be tried are made out or not as per the facts and circumstances of the case. In the instant case complainant had lodged F.I.R.
Against the petitioner for issuing him cheque wroth Rs,10 million, which according to the complainant, was dishonoured at presentation by the Bank of Punjab Main Branch, 7-Egerton Road, Lahore. Learned counsel for the petitioner has submitted that the petitioner did not issue any said cheque to the complainant for the fulfilment of the outstanding liability rather had lodged F.I.R.
No,1177/2007, dated 13-12-2007 under sections 420/468/471, P.P.C. At Police Station Gulberg, Lahore regarding the loss of cheque book from which cheque was issued worth Rs,10 million. It was neither signed by any of the directors of the petitioner-company nor was it issued to the complainant for the fulfilment of any liability. Petitioner-company had put up an application to the Chief Manager, the Bank of Punjab in June, 2007 requesting therein to stop payment from account No,004596/0007 to any one as F.I.R. Had already been registered for the loss of cheque book. The Bank of Punjab while acting on the advice of the petitioner-company had stopped payment on the issuance of any cheque. The Bank of Punjab had issued a slip on the presentation of the cheque by the complainant which was alleged to be issued by the petitioner-company mentioning therein that "paym ent stopped by the drawer", therefore, it was not dishonoured for the purposes of shortfall in the balance amount for the fulfilment of an obligation.
6. In order to constitute an offence under section 489-F, P.P.C. All the necessary ingredients mentioned in the language of section 489-F, P.P.C. Are to be fulfilled. Section 489-F, P.P.C. Is reproduced hereunder:-- "489-F, Dishonesty issuing a cheque. Whosoever dishonestly issues a cheque towards re- payment of a loan or fulfilment of an obligation which is dishonoured on presentation, shall be punishable with imprisonment which may extend to three years, or with fine, or with both, unless he can establish, for which the burden of proof shall rest on him, that he had made arrangement with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque."
In the instant case petitioner-company had neither issued cheque for the purposes of fulfilment of outstanding liability nor was it dishonoured on presentation for want of insufficient funds. When the basic ingredients as mentioned in the language of section 489-F, P.P.C. Are not fulfilled as per the facts and circumstance of this particular case, therefore, offence under section 489-F, P.P.C. Is not made out against B the petitioner-company as the petitioner-company had already lodged F.I.R.
For the loss of the cheque book and had also made written request to the chief Manager of the Bank of Punjab for stopping payment on the presentation of stolen cheque book. Under the circumstances, no mala fide intention of the petitioner is established whereas the petitioner- company had taken precautionary measures by lodging F.I.R. Regarding the loss of cheque book as well as written a letter to the Chief Manager of the Bank of Punjab directing him to stop payment from the account of the petitioner-company.
7. The Hon'ble Apex Court had time and again held in various judgments that when no criminal case is made out against the accused persons then F.I.R. Can sufficiently be quashed. Since none of the necessary ingredients constituting an offence under section 489-F, P.P.C. Are made out against the petitioner-company, therefore; all the offences under which the petitioner is liable to be tried are not made out against the petitioner-company. As per the facts and circumstances mentioned above, I am convinced that the case against the petitioner under section 489-F, P.P.C.
Or other relevant provisions of law mentioned in F.I.R. No,1256 of 2007, registered at Police Station Civil Lines, Lahore is not made out, as such the same is hereby quashed which was registered against the petitioner-company with mala fide intentions.