Section 489-F PPC.

Section 489-F PPC.

-    Constitutional petition- Object of S.489-F, P.P.C.---Scope---Magistrate while refusing to give judicial remand of the accused respondent had Discharged him inter-alia on the ground that after expiry of a period of four months, the Criminal Law (Amendment) Ordinance, 2002.

-    Parliament had validated and affirmed the Ordinance and it was not required to be re-promulgated.

-    Case was still under investigation when the accused was produced before the Magistrate for obtaining his judicial remand---Before submission of challan in the Court and taking cognizance of the offence, it was not permissible for the Magistrate to examine and analyze the evidence with reference to delay in lodging the F.I.R. by holding mini trial of the case before the inception of regular trial---Civil nature of the dispute also could not estop the complainant to invoke the criminal law---Section 489-F, P.P.C. had clearly laid down that whoever dishonestly issued a cheque towards repayment of a loan or fulfillment of an obligation, was liable to face the legal consequences on its being dishonoured---Issuance of a cheque towards repayment of a loan or fulfillment of an obligation was primarily a civil matter.

-    Object of S.489-F, P.P.C. was not to affect recovery of the amount in question under the dishonoured cheque, but to punish a person who dishonestly issued the cheque with reference to his civil liability---Similarly, availability of an alternate remedy to the complainant was no ground to Discharge the accused, because the aggrieved complainant could invoke civil and criminal law simultaneously---Impugned Discharge order passed by Magistrate was, consequently, set-aside being illegal and without lawful authority and the police request for judicial remand of the accused would be deemed as pending before the Magistrate for disposal in accordance with law---Constitutional petition was accepted accordingly.


2009 P L D 401
Lahore High Court, Lahore