| Case ID |
052fc785-feca-4a5d-adee-49551c9202d5 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 9543 of 2013 |
| Decision Date |
Dec 16, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the impugned order dated 15.07.2013 which directed the registration of a criminal case against the petitioner. The court found that the cheque issued by the petitioner was a guarantee related to 'Qarz-e-Hasna' and that non-payment of such a cheque does not constitute a criminal liability under Section 489-F of the Pakistan Penal Code. The court emphasized that the Ex-Officio Justice of Peace had erred in law and that the cheque was an acknowledgment of civil liability rather than a dishonest issuance as defined by law. Therefore, the constitutional petition was allowed, and the order was deemed to suffer from legal infirmity. |
| Summary |
This case revolves around the interpretation of 'Qarz-e-Hasna' within the context of criminal liability for cheque bouncing under Pakistani law. The Lahore High Court addressed the implications of the Criminal Procedure Code and the Pakistan Penal Code, focusing on the distinction between civil and criminal liability. The ruling clarified that issuing a cheque as a guarantee for a loan, particularly under the Islamic concept of 'Qarz-e-Hasna', does not amount to dishonesty or criminal conduct. This landmark decision emphasizes the importance of understanding the nature of financial obligations in Islamic finance and its legal repercussions, providing guidance for future cases involving similar issues. Keywords such as 'Qarz-e-Hasna', 'cheque bounce', 'criminal liability', 'Lahore High Court', and 'Islamic finance' are essential for SEO optimization, targeting legal professionals and scholars interested in financial law and its intersection with Islamic principles. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
ABDUS SATTAR ASGHAR, JUSTICE
|
| Lawyers |
Rana Muhammad Nazir Saeed,
Mirza Muhammad Saleem Baig,
Hafiz Muhammad Naveed Akhtar
|
| Petitioners |
|
| Respondents |
EX-OFFICIO JUSTICE OF PEACE, ETC.
|
| Citations |
2015 SLD 1107,
2015 PLJ 346
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860
|
| Sections |
22-A6(iii),
22-A,
B,
199,
489-F
|