ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Cr.Misc.Application No.S-401
of 2018
______________________________________________________________________________
Date Order with signature of Hon’ble Judge
1. For orders
on office objection.
2. For hearing
of main case.
3. For hearing
MA No.2931/2018
31.05.2019
Mr. Mummad
Raza Soomro, advocate for
the applicant .
Mr.Shafi Muhammad Mahar, DPG for
the State
Mr.
Bakhat Ali Rajpar, advocate
for private respondent (absent).
On application of the private
respondent learned Ex-Officio
Justice of Peace/IInd Additional Sessions Judge Khairpur
directed SHO P.S Khuhra to record FIR of the private respondent against the
applicant allegedly for having issued a cheque in his favour dishonestly.
2. It is contended by learned counsel for
the applicant that the cheque was issued by the applicant as guarantee on account
of purchase
of buffalos and same even
otherwise issued at Karachi as such
learned Ex-Officio Justice of
Peace/IInd Additional Sessions Judge
Khairpur
was having no jurisdiction to have directed SHO P.S Khuhra
to record
FIR of private respondent. By contending so, he sought for
setting aside of the impugned
order.
3. Learned DPG for the State was fair
enough to say that the private
respondent was having an alternate remedy to exhaust by filing of
direct complaint or suit for recovery before the Court having Jurisdiction.
4. Admittedly
the cheque was issued for a Bank at Karachi and
it was relating to sale and
purchase of buffalos. In these circumstance
learned Ex-Officio Justice of
Peace/IInd Additional Sessions Judge
Khairpur
was hardly having jurisdiction to have directed SHO P.S Khuhra
to record the FIR of the private
respondent at PS Khuhra by way of impugned
order, it is set-aside with an advice to the private respondent either to file suit for recovery or a direct
before the Court having jurisdiction.
Judge
Nasim/P.A