IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

Crl. Misc. Application No.S-705 of 2024

    

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE

 

1.    For hearing of main case

2.    For hearing of CMA No.5895/25.

 

 

Date of hearing     04.11.2025.

 

 

Mr. Badaruddin Memon, Advocate for applicant.

 

Syed Sardar Ali Shah, Addl.P.G for State.

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                                                O R D E R

 

         

 

          This application u/s 561-A Cr.P.C impugning the order dated 18.11.2024 passed by the II-Additional Sessions Judge/Ex-Officio Justice of Peace, Naushehro Feroze in Crl. Misc. Application No.4504 of 2024 whereby the learned Justice of Peace was pleased to order for lodging of the FIR in respect to the complaint made whereby it was claimed that the subject cheque has been dishonoured.

 

          Learned counsel for the applicant contends that the Civil proceedings in respect to the subject cheque was initiated on the part of the applicant wherein after filing of this Crl. Misc. Application, application u/o 1 Rule-10 CPC has also been filed to bringing the present complainant as a defendant. It is further contended that the report in the matter has coming forward established that the present applicant had joined the inquiry whereas the complainant abstained himself there from. He further contends that Civil proceedings in the matter pending the impugned order is liable to be set-aside.

         

          Learned Additional Prosecutor General present however refers para-3 of the impugned order wherein the requirement of the investigation as being brought-up.

 

Having heard the learned counsels and gone through the record. Applicant in the matter was provided ample opportunity for obtaining restraint order in his claim Civil proceedings pertaining to the cheques against security/surety as the case may be, failure therein present and even otherwise it is established law that both the Civil and criminal proceedings are available in respect to the bounce cheque, no ground is found available and left to entertain this Crl. Misc. Application. However, in order to ensure that prejudice may not be caused unnecessarily in case FIR is lodged, no arrest in the matter to take place until and unless the I.O. is having cognizable material available with him and with the said modification only impugned order is not disturbed.

 

Crl. Misc. Application stands disposed of.

 

                                                                                      J U D G E

 

 

 

 

 

 

 

 

 

Ihsan/PS.