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PLJ 2019 Lahore 636

MUHAMMAD KHALID vs ADDITIONAL SESSIONS JUDGE/JUSTICE OF PEACE

CitationPLJ 2019 Lahore 636
CourtLahore High Court
Case No.W.P.No. 4797 of 2018
Date2018-05-16
Judge(s)Tariq Saleem Sheikh
ResultPetition Dismissed

ORDER

This constitutional petition is directed against order dated 11-5-2018 passed by the learned Ex-of ficio Justice of Peace, Bahawalnagar .

2. Brief facts of the case are that Respondent No.3 moved an application under Section 22-A, Cr.P.C. stating that the Petitioner purchased rice from him worth. Rs.28,33,000/- and issued. Cheque No.22230378 to pay for it. The said cheque was, however , dishonoured when Respondent No.3 presented it to the concerned bank for encashment. Respondent No.3 alleged that the Petitioner had dishonestly given him a bad cheque. The learned Ex-of ficio Justice of Peace, vide order dated 11-5-2018, accepted the aforesaid application of Respondent No.3 and directed the Respondent SHO to register the case and proceed further in accordance with law. Hence, this petition.

3. Heard.

4. It is observed that Respondent No.3 holds a valid cheque which is stated to have been issued to him by the Petitioner to discharge his financial obligation. The Petitioner has neither denied his signature on the said cheque nor has controverted the fact that he issued it to Respondent No.3. Prima facie , the provisions of Section 489-F , PPC are attracted to the facts and circumstances of the case and registration of FIR is called for. Reliance is placed on "MADA WA through President v. Inspector-General of Police, Punjab and 15 others" (PLD 2013 Lahore 442 ).

5. The impugned order is based on cogent reasons. The learned counsel for the Petitioner has failed to persuade this Court that it suf fers from any legal infirmity . This petition has no merit and is accordingly dismissed in limine .

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