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2021 P Cr. L J [Lahore (Multan Bench)], Before Sardar Muhammad Sarfraz Dogar, J, 12345 & 6587 and 2021 & 12 “12”, @87 & 12457 & 5687 & 5647 & 7%, 8% and 10% and 20% of indigenous watermark ‘of’ the laboratory (10), 67 & 87, 97, 10, 852, 2547, (1254),; Additional District & Sessions ‘Judge’, Jhang: and 2-others, residents. Writ Petition No.11402 & hostel #25 and #4 of the Mohallah Bulaq Shah (Ward), Wards, (hard), words of (count), (a), Ss.22-A & 22-B- Penal code (XLV of 1860), S 489-F, Negotiable Instruments act (XXVI of 1881), S. 84-Ex.-Officio Justice of Peace, jurisdiction: of-dishonest issuance of the cheque Direction to register the case. Stale cheque-scope-Contention of the petitioner/accused was that Ex-officio Justice of Peace ha wrongly ordered: to register the case against him; as the respondent/complainant had presented the cheque in question after the inquiry.
Learned counsel for the petitioner, inter-alia contends that the order passed by learned Ex-officio Justice of Peace, dated 06.08.2018 is based on wrong premises of law and facts, that the perusal of the application filed by respondent No.3 does not reveal commission of any cognizable offense under section 489-F, P.P.C.; that the cheque in question was of dated 01.10.2016 and as per the prevalent practice of the banks respondent No.3 could present it for encashment only within six months from the date of its issuance but the same was presented in the bank on 29.03.2018, as such, no criminal case could be registered against the petitioner on the basis of the said cheque. Learned counsel lastly prayed that the impugned order is liable to be aside.
Conversely, respondent No.3 opposed the contentions of learned counsel for the petitioner. The learned Law officer has submitted a report on behalf of respondent No.2/Station House officer Police Station City, Lodhran. The record evinces that respondent No.3 lodged an application under section 22-A/22-B Cr.P.C. before the learned Ex-Officio Justice of the Peace alleging therein that the petitioner borrowed an amount of Rs.2,70,000/- from him and for repayment of a said loan he issued a cheque in question in his favor, which was bounced when presented in the bank for encashment. The report and para-wise comments requisitioned by the learned Ex-officio Justice of the Peace, Lodhran, are available on the file, wherein, the SHO concerned has reported that respondent No.3 has not joined the proceedings before him, however, the petitioner appeared and got his statement recorded that he has not issued any cheque in favor of respondent No.3.