This Intra-Court Appeal is directed against order dated 16.07.2012, whereby the application under Section 12(2) of C.P.C. Filed by the appellants was-dismissed in the light of order dated 07.06.2012 passed in Writ Petition No. 16187 of 2011, whereby the F.I.R. No. 531/11, dated 14.12.2011 under Sections 420, 468, 471, 419, 406 of the Pakistan Penal Code, 1860 registered at Police Station Chobara, District Layyah.
2. The brief facts giving rise to the filing of this Intra-Court Appeal, are that after registration of F.I.R.
No. 429/11, dated 06.09.2011 under Section 489-F of the Pakistan Penal Code, 1860 registered at Police Station Chowk Azam, second F.I.R. Regarding the same cheque was impugned before the learned Judge in Chamber. Vide impugned judgment dated 07.06.2012 the said F.I.R. Was quashed having been registered with male fide intention and ulterior motive just to abuse process of law after hearing the appellant, who was duly represented as respondent No. 2 through his counsel, namely, Mehr Muhammad Saleem, Advocate. On 09.07.2012, C.M. No. 4952 of 2012 filed in the Writ Petition No. 16187 of 2011 under Section 12(2) of C.P.C.. Against order dated 07.06.2012 on the ground that the same was procured by practicing fraud and misrepresentation, which was dismissed on 16.07.2012 as not maintainable.
3. The learned counsel for the appellants submits that the learned Judge in chamber has failed to appreciate the pendency of writ petition No. 3610 of 2007 and F.A.O. No. 109 of 2007, the appellants came to know about order dated 07.06.2012, on 26.06.2012 and on 09.07.2012, the C.M. No. 4952 of 2012 was filed; that misrepresentation and concealment of fact was made for getting the impugned order and prays to set aside order dated 07.06.2012 and 16.07.2012.
4. We have heard the learned counsel for the appellants and perused the file.
5. The appellant was respondent No. 1 in the main writ petition No. 16187 of 2011 and was duly represented and heard by his learned counsel namely, Mehr Muhammad Saleem Akhtar, Advocate, Order dated 07.06.2012 and 16.07.2012 having passed in his presence the learned counsel for the appellants has failed to point out the ingredients of Section 12(2), C.P.C. Of practicing fraud and misrepresentation. In this view of the matter, this Infra-Court Appeal has no force and is dismissed in limine. .