' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Allegedly the cheque issued by the petitioner in favour of respondent No.5 was dishonoured and for the purpose of having remedy respondent No.5 filed an application before the learned Ex-Officio Justice of Peace seeking a direction for registration of the case against the petitioner, which was allowed and the direction sought for was granted by the court vide order dated 18-3-2010. This order is the subject-matter of the instant constitutional petition.
2. After having heard the learned counsel for the parties and perusing the record, I am inclined to allow this petition on the ground that regarding the disputed cheques the petitioner had filed a civil suit for permanent injunction against respondent No.5 Abid Bilal, Which was contested and subsequently the Court had decreed the suit in favour of the present petitioner on the ground that the cheques in dispute were obtained from the petitioner under coercion, which did not incur any liability in favour of the defendant of the suit. After decretal of the suit and the declaration of the cheques in dispute being obtained by exerting undue influence there is hardly any need to lodge criminal case under section 489-F, P.P.C. Against the present petitioner. In view of position of the record, the petition in hand is allowed and the order impugned through the instant petition is set aside resulting into dismissal of the application under section 22-A, Cr.P.C. Filed by respondent No.5.