Sheikh MUREED HUSSAIN Versus S.H.O. POLICE STATION KOHSAR, ISLAMABAD and 2 others
This petition sought the quashment of F.I.R. No. 36, registered under Section 489-F of the Pakistan Penal Code 1860, concerning the alleged dishonour of a cheque issued by the petitioner for US $1,000,000. The petitioner contended that the cheque was issued in error during a transaction to purchase a stock exchange membership, and that subsequent payments made via local currency cheques, which were duly encashed by the respondent, satisfied the obligation. The core legal question was whether the criminal proceedings under Section 489-F were maintainable given the circumstances of the transaction and the petitioner's claim of innocence. The Court held that the complainant's assertion of an alternate transaction was an unsubstantiated afterthought, and noted that police investigation had already found the petitioner prima facie innocent. Finding the F.I.R. to be a result of ulterior motives and lacking legal basis, the Court allowed the petition and ordered the quashment of the F.I.R. The principle established is that criminal proceedings cannot be sustained where the underlying transaction is civil in nature and the alleged criminal intent is negated by the evidence.
- Can an FIR be quashed if the underlying dispute is essentially a civil transaction?
- Does a finding of innocence during police investigation provide grounds for the quashment of an FIR?
- Whether criminal proceedings under Section 489-F of the Pakistan Penal Code 1860 are maintainable when the complainant's version of the transaction lacks supporting evidence?
- Section 489-F, Pakistan Penal Code 1860
This is a petition for quashment of F.I.R. No.36, dated 5-3-2004 registered under section 489-F, P.P.C. at P.S. Kohsar, Islamabad.
2. According to the F.I.R. lodged upon the complaint of one Shahjehan Khetran, the petitioner issued Cheque No.FSA.62780 in the sum of US $10,00,000 which was dishonoured upon presentation. The case of the petitioner is that the petitioner entered into a bargain with respondent No.3 to purchase the membership of Islamabad Stock Exchange, Islamabad from the latter. The bargain as settled for a total consideration of Rupees 8.5 million. The petitioner issued a cheque of Rupees one million on 11-2-2004 in favour of respondent No.4 as earnest money. He paid another sum of Rs.1,00,000 in cash and the remaining sale consideration of Rupees 7.4 million was to be paid before the transfer of the membership card. The case of the petitioner is that incidentally the Cheque No.62780 pertained to his Foreign Exchange Account and realizing his mistake he immediately issued Cheque No.C.D.403359 dated 11-2-2004 in the sum of Rupees one million from his local currency account while another Cheque No.C.D.403361 dated 14-2-2004 was issued in the sum of Rs.5,00,000 favouring respondent No.3. On the obverse on the cheque issued from the Foreign Exchange Account as also on the obverse of the later mentioned two cheques issued form the local currency account it was specifically mentioned that the payment was against the purchase of membership of Islamabad Stock Exchange from respondent No.3. It is further contended that Cheques Nos.CD-403359 and CD-403361 were both encashed by respondent No.3. It is submitted in these circumstance's that no case whatsoever is made out against the petitioner under section 489-F, Cr.P.C. and that F.I.R. No.36 dated 5-3-2004 is liable to be quashed.
3. On the other hand, Mr. Muhammad Munir Peracha, Advocate for the complainant admits to have received the two cheques bearing NOS.CD-403359 and CD-403361. He also admits that respondent No.3 has encashed the same. Regarding the disputed Cheque No.FSA-62780 he submits that the said cheque was issued by the petitioner for US $ one million in favour of respondent No.3 on account of some separate transaction.
4. This submission of the learned counsel for the complainant does not bear scrutiny. Firstly, the learned counsel for the complainant has not been able to indicate any such alternate transaction which the parties might have entered into. This appears to be a complete afterthought and not supported by any available material. Secondly there is no mention in Cheque No.FSA-62780 that it related to the payment of US $ amounting to one million. It is pertinent to note that the absence of the words US Dollars before or after the figure of one million is very conspicuous.
5. As the arguments have been addressed in detail as per the available record, the writ petition is admitted to regular hearing and is being decided as a regular case.
6. I have also perused the other documents such as the letter of transfer of membership dated 26-2-2004 referring to the transfer of Membership from the name of Mir Shah Jehan Khetran in favour of the petitioner. There is a nomination form issued by respondent No.3 in favour of the petitioner aloe with a notice dated 13-2-2004 intimating the said transfer of Membership by respondent No.3 in favour of the petitioner. Also place on the record is a notice issued through counsel on behalf of the petitioner to respondent No.3, explaining the circumstance in which Cheque No.FSA-62780 was issued.
7. The police file has also been examined. Even according to the investigation carried out by the police, the petitioner has been found prima facie innocent.
8. In view of the detailed discussion hereinbefore referred to I am of the firm view that the disputed cheque was issued in the circumstances hereinbefore detailed and that the lodging of F.I.R. No.36, dated 5-3-2004 was the result of ulterior motive which has been negatived even during the police investigation.
9. Resultantly, this writ petition is allowed and the F.I.R. No.36 dated 5-3-2004 registered under section 489-F, P.P.C. is directed to be quashed.
H.B.T./M-726/L Petition allowed.
Cited by 4 cases
- MUHAMMAD MASOOD KHAN vs JUSTICE OF PEACE/ADDITIONAL SESSIONS 2014 CLD 858
- MUHAMMAD MASOOD KHAN vs JUSTICE OF PEACE/ADDITIONAL SESSIONS 2015 P Cr. L J 87
- MUHAMMAD NAWAZ vs THE STATE and others 2011 MLD 299
- Dr. MUHAMMAD AMJAD vs S.H.O. POLICE STATION SECRETARIAT, ISLAMABAD 2010 YLR 2279