ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-470 of 2021.

_________________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

_________________________________________________________________

For hearing of main case.

06.01.2022

                        None for the applicant.

                        Private respondent in person.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

                        =  *  = * = * = * = * =

                        Facts in brief necessary for disposal of instant Crl.Misc.Application are that a cheque issued dishonestly by the private respondent in favour of the applicant was bounced by the concerned Bank, when it was presented there for encashment, therefore, the private respondent sought for direction against the police to record his FIR for the above said incident by making an application u/s.22-A & B Cr.PC, such direction was issued against the police by learned        1^st Additional Sessions Judge/Ex-Officio Justice of Peace, Mehar, vide order dated 15.12.2021, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.

                        None has appeared on behalf of the applicant. However, learned Addl.P.G for the State and private respondent in person were fair enough to say that they would be having no objection, if the impugned order is set aside for the reason that the parties have settled their dispute privately. By stating so, they caused filing of affidavit of the private respondent to such effect.    

                        I have considered the above arguments and perused the record.

                        The parties were involved in sale and purchase of the plots and the subject cheque was issued to satisfy such sale/purchase; the dispute between them, if any, was on settlement of accounts, such dispute could only be resolved by a Civil Court having jurisdiction. Be that as it may, the parties now have resolved their dispute privately; therefore, the impugned order could not be sustained,   it is set aside.

                        The instant Crl.Misc.Application is disposed of accordingly.  

JUDGE