IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Shamsuddin Abbasi, J.

Agha Faisal, J.

 

CP D- 284 of 2024               :           Mukesh Kumar vs.

SHO, P.S City, Jacobabad & others.

 

For the Petitioner                 :           Mr. Farooque Ahmed Gaad, Advocate.

 

Date of hearing                    :           15.05.2024.

 

Date of order                         :           15.05.2024.

 

ORDER

 

Shamsuddin Abbasi, J.    Through captioned petition, petitioner Mukesh Kumar has sought for quashment of F.I.R No.52 of 2024 of P.S City, Jacobabad, lodged for offences punishable under Sections 489-F and 506 (2) P.P.C against him by respondent No.4/ complainant  Bheman Das with regard to issuance of cheque by petitioner, which on presentation was bounced by the bank authorities.

 

            Learned counsel contended that the cheque in question was misplaced and the petitioner had also got recorded such N.C report with Police, so also he approached the bank authorities for stopping the payment. In support of his contention, learned counsel has placed on record copy of N.C report and application addressed to the bank authorities. Learned counsel further contended that the complainant/ respondent No.4 with malafide intention and ulterior motives has managed to register the F.I.R in respect of the cheque which was misplaced from the petitioner. He further added that the petitioner has also filed a civil suit in respect of the issue, which is the subject matter of instant petition.

 

            It appears that the case is fresh one and is under investigation, therefore, it would be appropriate and in fitness of things that the petitioner may put his defence and other material, if any, available with him, before the investigation officer of the case and in case, if, challan has been submitted the petitioner may approach the concerned Court for appropriate relief at first instance. The petition in hands being devoid of merits is hereby dismissed in limine.

 

 

   

                                                                                         Judge

                                                Judge

Ansari