MUHAMMAD WASEEM vs SESSIONS JUDGE, ISLAMABAD and 2 others
This criminal revision petition challenged the registration of a criminal case under Section 489-F of the Pakistan Penal Code 1860, initiated pursuant to the order of the Sessions Judge, Islamabad. The core legal question was whether the penal provision of Section 489-F, which criminalizes the dishonest issuance of a cheque, could be applied retrospectively to a cheque issued before the enactment of the law. The petitioner argued that the cheque in question was issued on July 2, 2002, whereas Section 489-F was enacted on October 25, 2002. The Court held that applying this provision to an act committed prior to its enactment would violate the constitutional protection against retrospective punishment. Relying on Article 12 of the Constitution of Pakistan 1973, which prohibits retrospective punishment, the Court concluded that the criminal proceedings were legally unsustainable. Consequently, the Court allowed the revision, set aside the impugned order of the Sessions Judge, and quashed the F.I.R. registered against the petitioner, establishing that penal statutes cannot be applied retroactively to acts committed before their commencement.
- Can Section 489-F of the Pakistan Penal Code 1860 be applied to a cheque issued before the enactment of the statute?
- Does Article 12 of the Constitution of Pakistan 1973 prohibit the retrospective application of penal provisions?
- Is an FIR liable to be quashed if it is based on a provision of law that was not in force at the time of the alleged offence?
- Section 489-F, Pakistan Penal Code 1860
- Article 12, Constitution of Pakistan 1973
' On 10-7-2002 was dishonoured by the Bank upon presentation. The respondent filed an application .Before the learned Sessions Judge, Islamabad, reporting the said fact. The learned Sessions Judge directed registration of a case and a case under sections 489-F, P.P.C. Was registered vide F.I.R. No. 318 dated 25-9-2003 at Police Station, Industrial Area, Islamabad.
2. This criminal revision came up for hearing on 20-11-2003 when after hearing the learned counsel, notice was issued. Learned counsel for the respondent No.3/complainant has put in appearance.
3. The precise contention of the petitioner is that the cheque was issued on 2-7-2002 whereas section 489-F, P.P.C. Was enacted on 25-10-2002. Now according to this provision of law the offence defined therein is constituted by a "dishonest issuance of a cheque" which is later dishonoured. This means that at the point of time when allegedly the petitioner issued the said cheque, the said provision of law was not on the Statute book.
4. Now Article 12 of the Constitution of the country places an express bar upon retrospective punishment and protects the citizens of the country against the same. This being so, the said provision of law i.e. Section 489-F, P.P.C. Cannot be applied with retrospective effect so as to ultimately punish the petitioner for the alleged Commission of the said Its under section 489-F, P.P.C. This criminal revision is accordingly allowed and the impugned order dated 24-9-2003 of the learned Sessions Judge, Islamabad, being without lawful authority is set aside and consequently the F.I.R. No. 318 dated 25-9-2003 under section 489-F, P.P.C. At Police Station, Industrial Area, Islamabad, B is quashed.
Revision .
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