' ABDUS SATTAR ASGHAR, J Petitioner joined as sales-officer with the marketing firm of respondent No,2 in the year 2007. Allegedly at the time 'of appointment petitioner issued two blank Cheques Nos. 0025937 and 0025943 of account No, 20403600000927 in favour of respondent No, 2 as security/surety. On 28-4-2014 respondent No,2 lodged FIR No,326/2014 under section 408, P.P.C. At Police Station Ichhra Lahore against the petitioner alleging criminal breach of trust and misappropriation of entrusted amount of Rs,9,00,000. As counterblast on 29-5-2014 petitioner lodged an application to the CCPO Lahore seeking registration of case against respondent No,2 alleging that aforesaid cheques were entrusted by the petitioner to respondent No,2 who has declined to return the same. Thereafter petitioner lodged an application under sections 22-A and 22-B, Cr.P.C. On 2-6-2014 before the learned Ex-Officio Justice of the Peace Lahore for registration of case against respondent No,2. The said application was allowed by learned Additional Sessions Judge/Ex-Officio Justice of Peace Lahore vide order dated 11-6-2014 with a direction to the S.H.O. To record the petitioner's version and proceed in accordance with law.
2. Petitioner's grievance through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is that despite order of learned Ex-Officio Justice of the Peace Lahore S.H.O. Police Station Ichhra is not inclined to record his statement under section 154, Cr.P.C.
To register the case against respondent No,2.
3. Arguments heard. Record perused.
4. Petitioner's own version that the impugned cheques were given by him to respondent No,2 as security/surety to the employment negates his version that the same were entrusted to respondent No,2. It is established principle of law that breach of any promise, agreement or contract does not ipso facto attract the definition of A criminal breach of trust in terms of section 405, P.P.C. Reliance is made upon Shahid Imran v. The State etc. 2011 SCM R 1614 (Supreme Court of Pakistan). In the attending circumstance of this case prima facie no cognizable offence is made out.
5. Besides it is important to note that petitioner has lodged a suit for declaration with permanent injunction before the Civil Court Lahore with regard to the disputed cheques which is pending adjudication. Petitioner has already availed the efficacious remedy.
6. For the above reasons, this petition being not maintainable is dismissed.