Dispute of Civil Nature and Registration of Criminal Case under section 489-F

Dispute of Civil Nature and Registration of Criminal Case under section 489-F 22-A, 22-B Cr.PC Case Laws Constitutional Law Criminal Law Knowledge - Constitutional Law Knowledge - Criminal Law Lahore High Court Litigation & Arbitration Solutions - Constitutional Law Solutions - Criminal Law Mr. Justice Muhammad Ameer Bhatti and Mr. Justice Ch. Muhammad Iqbal in their judgment have decided the issue involving dispute of civil nature and registration of criminal case under section 489-F in Intra Court Appeal No. 113 of 2014.

1. This Intra Court Appeal is directed against the order dated 2.12.2014 passed by the learned Single Judge-in-Chamber whereby Writ Petition No.7935/2014, filed by the appellant challenging the order dated 30.10.2014 whereby the learned Ex-0fficio Justice of Peace, Bahawalpur disposed of the application under Section 22-A Cr.P.C. with the direction to respondent No.3 to appear before the SHO concerned and produce original cheque and dishonor slip who shall proceed with the matter in accordance with law, was dismissed.

2. It has been contended on behalf of the appellant that the orders dated 2.12.2014 and 30.10.2014 are against the law and facts of the case; that civil litigation is pending between the parties regarding the cheque (s) in question; and that the case of respondent No.3 is not covered within the parameters of Section 489-F PPC, as such, both the orders are liable to be set aside being not sustainable in the eye of law.

3. On the other hand, the learned counsel for respondent No.3 has supported the impugned orders contending that the appellant has issued the cheque (s) in order to fulfillment of his obligation and in this regard, the appellant has also deposited Rs.20,00,000/- in the Civil Court whereupon respondent No.3 has withdrawn his application under Section 22-A Cr.P.C. for the time being, as such, the impugned orders are not called for any interference.

4. Heard. Record perused.

5. It is borne out from the record annexed with Writ Petition No.7935/2014 that earlier on 24.7.2014, respondent No.3 filed an application under Section 22-A Cr.P.C. for registration of a criminal case against the appellant alleging that he (appellant) borrowed an amount of Rs.70,00,000/- from the father of respondent No.3 for purchase of land and for repayment of the said loan, he gave four cheques of different dates, out of which, cheque No.0216781 dated 27.12.2013 amounting to Rs.20,00,000/- on presentation was dishonoured, as such, he has committed the offence under Section 489-F PPC. Putting this stance in juxta position with the plaint in the suit for specific performance of agreement to sell dated 12.11.2012 titled Ch. Muhammad Asghar Bilal VS Zarqa Awais, filed by the appellant against Zarqa Awais(real sister of respondent No.3) on 25.8.2014, it reveals that Mian Ghulam Awais Awaisi, real father and general attorney of said Zarqa Awais, executed an agreement to sell dated 12.11.2012 in respect of land measuring one kanal Plot No.3-A situated at Muhammad Hussain Road, Model Town, Bahawalpur in favour of the appellant against a consideration of Rs.1,20,00,000/-, out of which, the appellant paid Rs.50,00,000/- and for payment of remaining amount of Rs.70,00,000/- he has handed over cheque No.0216781 dated 27.12.2013 amounting to Rs.20,00,000/-, 0216782 dated 27.6.2014 amounting to Rs.20,00,000/-, 0216783 dated 27.12.2014 amounting to Rs.20,00,000/- and 0216784 dated 27.6.2015 amounting to Rs.10,00,000/- Later on, said Ghulam Awais Awaisi died and the appellant contacted Zarqa Awais, real sister of respondent No.3, with the request that she may receive the remaining consideration price in lump sum and return the above said cheques to him but she flatly refused. Consequently, the appellant filed a suit for specific performance of agreement to sell on 25.08.2014 and also filed another suit on 29.08.2014 for cancellation of above said four cheques titled Ch. Muhammad Asghar Bilal VS Mian Muhammad Yaqoob etc. which are still pending adjudication before the Court of competent jurisdiction.

It will not be out of place to mention here that during the pendency of application under Section 22-A Cr.P.C., the parties arrived at a compromise, according to which appellant was required to deposit the amount in question in the Court and accordingly he deposited a sum of Rs.20,00,000/- in the Civil Court where the suits are pending. On the deposit of the above said amount, respondent No.3 withdrew the said application under Sections 22-A & 22-B of Cr.P.C. on 6.9.2014 which means that prima facie, respondent No.3 has impliedly admitted the version of the appellant. Anyhow, despite the above said civil litigation between the parties, on 22.10.2014, respondent No.3 mischievously filed another application under Section 22-A Cr.P.C. for registration of a criminal case against the appellant on the basis of dishonoured cheque No.0216782 dated 27.6.2014, which is the subject matter of suit for cancellation of the cheques but learned Additional Sessions Judge/Justice of Peace illegally and unlawfully passed the direction to the SHO to receive the document and proceed with the matter in accordance with law vide order dated 30.10.2014 and similarly the learned Single Judge-in-Chamber has also not taken into account the real fact in controversy while dismissing the Writ Petition No.7935/2014 vide order dated 2.12.2014. It is established from peculiar facts and circumstances of the case that the dispute between the parties is of civil nature and respondent No.3 by twisting the real facts ignited the criminal proceedings against the appellant and made an abortive attempt with malafide intention to triumph over the appellant under the abuse of process of law. The provisions of Section 489-F PPC do not attract in the instant case.

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