' Through the petition in hand the legality of an order dated 23.01.2015 passed by learned Ex-Officio Justice of Peace, Lahore has been assailed, whereby the application filed by Respondent No, 3 under Section 22-A Cr.P.0 was disposed of and SHO police station concerned was directed to record his statement and proceed with it in accordance with law.
2. In his application, Respondent No, 3 had leveled allegation of issuance of Cheque valuing Rs,825,000/- in his favor dishonestly, which was subsequently dishonored when presented for encashment.
3. After hearing the learned counsel for the parties and perusing the record, it is noticed that the brother of the petitioner Mehboob Tariq and Respondent No, 3 had business terms inter-se but subsequently on account of differences Respondent No, 3 had lodged FIR No, 86/2014 and No, 195/2014 under Section 489-F PPC against the brother of the petitioner in which case he was arrested and during bail proceedings the parties entered into a compromise and accused settled the matter with respondent and given Rs,200,000/- to the respondent, and the petitioner issued cheque No, 45283026 of Rs,825,000/- in favor of Respondent No, 3 as guarantee. It is noticed that the said cheque was dishonored as the petitioner had instructed his bank not to en-cash the same, as according to him the respondent had not fulfilled his commitment. It is found that the petitioner had also filed a suit for declaration against Respondent No, 3 regarding the disputed cheque. It seems that the respondent wants to convert the civil liability into criminal one. Learned Ex-Officio Justice of Peace while issuing the direction had not considered the afore-noted facts and in a mechanical manner had passed the impugned order, which is not sustainable in the eyes of law and requires interference of this Court.
4. For the foregoing reasons, instant petition is allowed and the impugned order is set aside, resulting into dismissal of the application of Respondent No, 3 filed under Section 22.A Cr.P.C.