M. SAJJAD ANWAR vs C.C.P.O. and others
This constitutional petition challenges an order passed by the Ex-Officio Justice of Peace directing the registration of a criminal case against the petitioner following the dishonour of a cheque issued in favour of respondent No.5. The core legal question concerns the propriety of ordering criminal proceedings under Section 489-F of the Pakistan Penal Code when a competent civil court has already decreed in favour of the petitioner, declaring that the disputed cheques were obtained under coercion and undue influence, thereby creating no legal liability. The Lahore High Court allowed the petition and set aside the impugned order, holding that once a civil court has conclusively declared that the disputed instruments were obtained through coercion and undue influence, the registration of a criminal case regarding the same cheques is unwarranted and amounts to an abuse of the process of law. The key principle laid down is that criminal proceedings for the dishonour of a cheque should not be pursued or initiated when a civil court of competent jurisdiction has already adjudicated upon the matter and found the underlying transaction and instruments to be vitiated by coercion.
- Whether a criminal case for the dishonour of a cheque can be registered when a civil court has already declared the cheque to be obtained through coercion?
- Does an order passed by an Ex-Officio Justice of Peace directing the registration of a criminal case warrant interference in constitutional jurisdiction when civil proceedings have conclusively determined the rights of the parties?
- Is a criminal prosecution under Section 489-F of the Pakistan Penal Code sustainable regarding a disputed instrument that incurs no legal liability as adjudicated by a civil court?
- Section 489-F, Pakistan Penal Code 1860
- Section 22-A, Code of Criminal Procedure 1898
ORDER
' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Allegedly the cheque issued by the petitioner in favour of respondent No.5 was dishonoured and for the purpose of having remedy respondent No.5 filed an application before the learned Ex-Officio Justice of Peace seeking a direction for registration of the case against the petitioner, which was allowed and the direction sought for was granted by the court vide order dated 18-3-2010. This order is the subject-matter of the instant constitutional petition.
2. After having heard the learned counsel for the parties and perusing the record, I am inclined to allow this petition on the ground that regarding the disputed cheques the petitioner had filed a civil suit for permanent injunction against respondent No.5 Abid Bilal, Which was contested and subsequently the Court had decreed the suit in favour of the present petitioner on the ground that the cheques in dispute were obtained from the petitioner under coercion, which did not incur any liability in favour of the defendant of the suit. After decretal of the suit and the declaration of the cheques in dispute being obtained by exerting undue influence there is hardly any need to lodge criminal case under section 489-F, P.P.C. Against the present petitioner. In view of position of the record, the petition in hand is allowed and the order impugned through the instant petition is set aside resulting into dismissal of the application under section 22-A, Cr.P.C. Filed by respondent No.5.