ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. A. No. S – 507 of 2021

Date of hearing

Order with signature of Judge

Priority Case

1. For hearing of main case

2. For hearing of MA No.4218/2021

(Copy of order sent to trial Court)

03.09.2021

Mr. Achar Khan Gabol, Advocate for applicant.

Mr. Abdul Naeem Pirzada, Advocate for complainant.

Mr. Shafi Muhammad Mahar, DPG.

……………….

Through instant Criminal Miscellaneous Application, applicant Rahmatullah son of Abdul Hakeem has impugned the order dated 30.07.2021, whereby learned 1^st Additional Sessions Judge / Ex-Officio Justice of Peace, Naushahro Feroze, while allowing Criminal Miscellaneous Application No.2763/2021, filed by the respondent No.5 under Section 22-A and 22-B, Cr. P. C., directed the SHO PS Bhiria to record the statement of respondent No.5 as per his verbatim, register the FIR and proceed further with the matter in accordance with law.

Learned counsel, while inviting attention of the Court on para No.3 of the Criminal Miscellaneous Application No.2763/2021, available as annexure “A-1” at page No.19 of the application, contends that alleged cheque has been issued by the proposed accused No.1 Gulshan son of Lal Bux Lakho and the present applicant has nothing to do with the alleged act of the said proposed accused. He further contends that the role of present applicant is only to the extent that at the time of giving alleged cheque, he was accompanied by the said proposed accused; however, under Section 489-F, PPC, only the person who issues the cheque is liable for the consequences in case it is dishonoured.

Mr. Abdul Naeem Pirzada Advocate as well as learned DPG, while admitting the fact that there is no criminal liability on the present applicant, record their no objection for the grant of instant Criminal Miscellaneous Application by setting aside the impugned order to the extent of present applicant.

I, therefore, by consent, set aside the impugned order to the extent of present applicant Rahmatullah and direct the SHO concerned to record the statement of respondent No.5 in verbatim and in case any cognizable offence is made out under Section 489-F, PPC, the FIR be registered against the person who has issued the alleged cheque and proceed further into the matter, in accordance with law.

Instant Criminal Miscellaneous Application stands disposed of along with the pending application.

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J U D G E

N.M.