THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Misc. Application No.S-473 of 2021

Applicants:          Mst. Aneela and Babar Hussain alias Changez Khan through Mr. Rafique Ahmed K. Abro, Advocate.

Respondents:      Respondent No.3 Ali Asghar, in person.

The State    Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  15.12.2022

Date of Order:     15.12.2022

O R D E R

AMJAD ALI SAHITO, J.- Through this Criminal Miscellaneous Application, applicants have impugned the Order dated 17.12.2021, passed by learned I-Additional Sessions Judge/Ex-Officio Justice of Peace, Larkana in Criminal Miscellaneous Application No.1932/2021 (Re-Ali Asghar v/s. S.H.O P.S. Rahmatpur and others), wherein the application filed by respondent No.3 for registration of F.I.R. against the applicants was allowed and being aggrieved and dissatisfied the same has been impugned before this Court.

2.      Per learned counsel, infact the learned trial Court has not considered that there is delay of about six months in presentation of the cheque; the respondent No.3 has not disclosed the date on which he has received the amount from the different persons and paid to the applicants.  He further added that as the applicants previously were belonging to Pakistan Tehreek Insaf (PTI) subsequently joined Pakistan Peoples Party (PPP) and due to such political rivalry the applicants were victimized by the ruling party. He lastly prayed for setting aside the impugned order.

3.      On the other hand, respondent No.3 as well as learned Deputy Prosecutor General supported the impugned order.

4.      Heard and perused.  Perusal of record reflects that previously the applicant No.1 was the President of Women Wing, PTI, Larkana as such she asked respondent No.3 to collect amount on the pretext that they will provide government jobs to the people, when she failed to provide the job, she issued a cheuqe bearing No.206488439 of National Bank of Pakistan, Main Branch, Larkana in the sum of Rs.15,00,000/- dated 01.04.2021 to respondent No.3. Further from the perusal of record it reflects that when the cheuque was presented in the said bank it was returned on the ground of insufficient funds. As such prima facie sections 489-F and 420 P.P.C are very much applicable.  Learned counsel for the applicants has failed to point out any illegality and irregularity committed by the learned Trial Court while passing the impugned order.  Resultantly, instant Criminal Miscellaneous Application is dismissed. The S.H.O concerned is directed that as and when respondent No.3/applicant Ali Asghar appear at the police station he shall record his statement and subsequently convert in the book kept at the police station under section 164 Cr.P.C. Failing which, he shall expose himself to the contempt proceedings.

                   Instant Criminal Miscellaneous Application stands disposed of in the above terms.

                                J U D G E

Manzoor