Section 489-F PPC.same cheque and prior to that registration of the impugned F.I.R., an injunctive order

Section 489-F PPC.

-    Petitioner had contended that a civil suit had already been filed by him against the complainant regarding the same cheque and prior to that registration of the impugned F.I.R., an injunctive order had been issued by the Civil Court in respect of the said cheque and its use by the complainant; that the impugned F.I.R. was a counterblast to the civil suit already filed by him against the complainant; that the relevant cheque had been issued by the petitioner in favour of the brother of the complainant but the same had been returned to the petitioner and later on the said cheque had been stolen by the complainant for the purpose of registration of the F.I.R. in question and that the F.I.R. was based upon nothing but malice on the part of the complainant---Validity---Petitioner had admitted that the alleged theft of the cheque had never been reported to the police---

-    Alleged dishonouring of the relevant cheque had come about prior to issuance of any injunctive order by a Civil Court and, thus, the offence, if any, had already been committed before passing of injunctive order by the Civil Court---Laying of an information before the police regarding commission of a cognizable offence could not be stopped by a Civil Court---No injunctive order could be issued against the law---Article 4 of the Constitution provided an inalienable right of every citizen to be treated in accordance with law---No injunction could be granted by a Civil Court against criminal investigation or in any criminal matter under S.56(e), Specific Relief Act, 1877---High Court declined interference in the matter at such a stage. [p.570] A & C.
Aamir Shehzad    Versus    The State and another
PLD 2005 Lahore 568
Before Asif Saeed Khosa, J