Bank informed the accused by means of a letter that the payment of the said cheque to complainant

-    Bank informed the accused by means of a letter that the payment of the said cheque to complainant was still stopped as per instruction of the accused and the complainant once again was put at disadvantage---Said contradictory stand taken by the accused while dealing with the complainant had, prima facie, made out a case under S.489-F, P.P.C.---Magistrate under S.173, Cr.P.C. while taking cognizance of the case was competent to apply his judicious mind to the summary report and then to pass the order---Impugned order revealed that it appeared from the police papers that the investigating team had disposed of the case under ‘B’ (false) class on account of statements of the defence witnesses---Record, however, showed that the accused had given the cheque, which was bounced for want of arrangement, as was also clear from the Bank record---Accused had not denied his signatures on the cheque issued to the complainant and such prima facie evidence could not be brushed aside---Impugned order did not suffer form any illegality---Petition was dismissed accordingly.

Syed Hassan Raza    Versus    Deedar Hussain Shah
2008 PLD 305
Karachi High Court, Sindh.