SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---This constitutional petition is directed against an order dated 07.08.2017 passed by the learned Ex-Officio Justice of Peace, Faisalabad, whereby on the application of respondent No,3 a direction was issued to respondent No,2 to record his version.
2. As per application of respondent No,3 allegedly the petitioner had issued a cheque valuing Rs:10,00,000/- in favour of the respondent which was dishonoured when presented for encashment.
3. After having heard the parties and perusing the record, it is found that questioned cheque is containing three different writing on it which has made the cheque in dispute as questionable. It is further found that the cheque in question was given to Shah Jahan for onwards transmission to Faisal Butt but that cheque was deceitfully were handed over to complainant of the case who after filling columns of the cheque secured a direction from the learned Ex-Officio Justice of Peace.
Further, it is found from the police reports that the petitioner is not having any fiduciary relationship with respondent No,3, so issuance of the cheque in favour of respondent No,3 in these circumstances appears to be doubtful. Since the application filed by respondent No,3 against petitioner was based upon mala fide which fact was not noticed by learned Ex-Officio Justice of Peace while issuing the direction, so impugned order is not sustainable.
4. For the reasons stated above, petition in hand is accepted and the impugned order is declared of no legal consequences, resultantly, application of respondent No,3 filed under section 22-A, Cr.P.C. is dismissed.