| Case ID |
17234bce-a537-4577-8159-badb9b5ffb42 |
| Body |
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| Case Number |
Writ Petition No. 24156 of 2010 |
| Decision Date |
Mar 15, 2011 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioner seeking to set aside the order of the Ex-officio Justice of Peace that directed the Station House Officer to record the statement of the respondent and proceed under Section 154 of the Criminal Procedure Code. The court found that the application under Sections 22-A and 22-B of the Criminal Procedure Code could be filed through a special attorney and that the issuance of dishonored cheques constituted an offense under Section 489-F of the Pakistan Penal Code. The court ruled that a civil suit for recovery does not bar the initiation of criminal proceedings, affirming that both can proceed simultaneously. The court noted that there was no illegality in the impugned order and concluded that the petition lacked merit, resulting in its dismissal. |
| Summary |
This case from the Lahore High Court revolves around the constitutional petition filed by Javed Iqbal Raja against the decision of the Ex-officio Justice of Peace concerning the registration of a case involving the issuance of dishonored cheques. The petitioner contended that the dispute was civil in nature and that the application was improperly filed through a special attorney. However, the court clarified that such applications are valid, regardless of the filing method, and emphasized that the issuance of dishonored cheques is a criminal offense under Section 489-F of the Pakistan Penal Code. The court's ruling reinforces the principle that civil and criminal proceedings can coexist, allowing the respondent to pursue both recovery of the dishonored amounts and criminal charges. This case highlights important legal principles regarding the maintainability of applications under the Criminal Procedure Code and the handling of cases involving financial disputes and dishonored instruments. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. AHMAD FAROOQ,
MIAN AMER SAEED
|
| Lawyers |
Jawad Hassan, Additional Advocate General, Punjab,
Abdul Wahid Chaudhry No.2
|
| Petitioners |
Javed Iqbal Raja
|
| Respondents |
STATION HOUSE OFFICER
|
| Citations |
2011 SLD 1239,
2011 YLR 1567
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
489-F,
199,
22A,
22B,
154
|