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2002 SCMR 31

ANWAR.UL-HAQ vs S.H.O., POLICE STATION NISHATABAD, FAISALABAD and

Citation2002 SCMR 31
CourtSupreme Court of Pakistan
Case No.Civil Petition No,425-L of 1999
Date2000-12-21
Judge(s)Rashid Aziz Khan, Tanvir Ahmed Khan
ResultPetition dismissed

ORDER

' RASHID AZIZ KHAN, J.---Fact leading to the filing of this petition are that petitioner stood guarantor of one Muhammad Akram, who had obtained loan from a bank. Said Muhammad Akram defaulted, therefore, a suit was instituted for recovery of the borrowed amount against the loanee as well as the guarantor. A decree was, accordingly, passed against both of them. Instead of challenging the said decree by way of appeal, the petitioner resorted to lodging of an F.I.R. Against the loanee and the Bank Manager, Abdul Salam, with the allegation that both of them had prepared the deed of guarantee fictitiously as he had never signed the same. The Bank Manager filed a Constitutional petition for quashment of the said. F.I.R. Which was allowed. Thereafter, an I.C.A. Was filed by the petitioner challenging the order of the learned Judge in Chambers passed in the Constitutional petition, which was also dismissed giving rise to the present petition.

2. We have heard the learned counsel at length and perused the file. The judgment and decree was passed in the case by a Court of competent jurisdiction wherein the petitioner has been held to be the guarantor. The petitioner did not choose to assail the said findings which have attained finality but by way of criminal proceedings wants to undo the same but he cannot do so without filing of appeal. There is no merit in this petition which is dismissed and leave is refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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