| Case ID |
0d9b6a8e-1284-4469-b57f-3a633a6738f5 |
| Body |
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| Case Number |
C.P. No.1210-L of 2004 |
| Decision Date |
Nov 14, 2005 |
| Hearing Date |
Nov 14, 2005 |
| Decision |
The Supreme Court of Pakistan ruled that the Lahore High Court erred in accepting the constitutional petition that quashed the FIR against the respondent. The Court emphasized that criminal proceedings are not barred by civil proceedings and both can be pursued simultaneously. The Court found that the High Court's acceptance of the constitutional petition, based solely on the argument that the cheque was issued before certain amendments, was incorrect. The Supreme Court highlighted that there were alternative remedies available to the petitioner within the trial court, which had not been duly considered. The decision ultimately allowed the appeal, setting aside the High Court's order and reinstating the FIR, stating that the ingredients of the relevant sections of the Penal Code were prima facie attracted due to the dishonored cheque. |
| Summary |
This case involves a significant ruling by the Supreme Court of Pakistan regarding the interplay between civil and criminal proceedings. The case arose from a constitutional petition filed by Haji Sardar Khalid Saleem against Muhammad Ashraf concerning a dishonored cheque. The Lahore High Court had previously quashed the FIR, claiming the cheque was issued before the enactment of the Criminal Law (Amendment) Ordinance. However, the Supreme Court reversed this decision, stating that such an argument does not preclude criminal liability. The ruling reiterated that the normal course of trial should not be circumvented by constitutional petitions, especially when prima facie offenses are established. This case is crucial for understanding the boundaries of constitutional jurisdiction and the procedural rights of parties in criminal matters. Keywords: Supreme Court of Pakistan, constitutional petition, FIR, criminal proceedings, civil proceedings, dishonored cheque, legal jurisdiction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KHALIL-UR-REHMAN RAMDAY,
CH. IJAZ AHMED
|
| Lawyers |
Ahmad Awais, Advocate Supreme Court,
Mahmood A. Qureshi, Advocate-on-Record,
Mian Shah Abbas, Advocate Supreme Court
|
| Petitioners |
Haji Sardar Khalid Saleem
|
| Respondents |
Muhammad Ashraf,
others
|
| Citations |
2006 SLD 2660,
2006 SCMR 1192
|
| Other Citations |
Ahmad Saeed v. The State 1996 SCMR 186,
Talab Hussain v. Anar Gul Khan and 4 others 1993 SCMR 2177,
Deputy Inspector-General of Police v. Anees-ur-Rehman Khan PLD 1985 SC 134,
Habib Ahmed v. M.K.G. Scott Christian PLD 1992 SC 353,
Nawazul Haq Chowhan v. The State and another 2003 SCMR 1597,
Ghulam Muhammad v. Muzamal Khan and 4 others PLD 1967 SC 317,
Mohsin Ali and another v. The State 1972 SCMR 229,
Abdul Rehman v. Muhammad Hayat Khan 1980 SCMR 311,
Marghoob Alam and another v. Shams-ud-Din and others 1986 SCMR 303,
Manzoor Hussain Shah v. The State 1986 SC 265,
Sheikh Muhammad Yameen v. The State 1973 SCMR 622,
Bashir Ahmad v. Zafar-ul-Islam PLD 2004 SC 298,
Shirin and 4 others v. Fazal Muhammad and 4 others 1995 SCMR 584
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898)
|
| Sections |
420,
468,
471,
489-F,
199,
185(3),
249-A,
265-K,
265-A
|