اگر چیک جاری کرنے والا شخص وفات پا جائے تو اس چیک کے ڈس آنر ھونے پر اسکے ورثا کے خلاف فوجداری کارروائی نہ ہو سکتی ہے

2021 LHC 6829 

Muhammad Saeed Akhtar Versus Justice of Peace, etc.

At the outset of these proceedings, the Court asked the 4 10. counsel for the petitioner to share the original cheque with the Court so as for the Court to satisfy itself about the identity of the signatory of the cheque in question. Perusal of the original cheque clearly reveals that it has been signed by the deceased father of respondents No.4 and 5 and not by respondents No.4 and 5. Furthermore, what is also evident is that the account was in the name of the deceased father of respondents No.4 and 5. In this view of the matter, the term „whoever’ appearing at the start of Section 489-F PPC gains importance in the present context and it is obvious that unless and until an application for registration of a case is filed against a person who is the account holder and who has himself issued a cheque which has been dishonoured, no criminal liability is attracted.

It may also be noted that penal or criminal liability does not devolve upon legal heirs. While respondents No.4 and 5 may have inherited the business of their late father and while they may have inherited his estate, it does not mean that they become criminally liable for actions or activities allegedly undertaken by their late father. While a suit for recovery from the estate or inheritance may be in order, if at all, an application for registration of a criminal case against respondents No.4 and 5 on account of alleged deeds of their father cannot be countenanced.

Furthermore, Article 3 of the Constitution of Islamic Republic of Pakistan, 1973 clearly provides safeguards against exploitation and persecution of citizens. This Article protects individual citizens from exploitation inasmuch as all citizens are only liable for what they have done themselves and they are not liable for acts of others. Almost all legal systems in the world recognize that criminal liability can only be imposed on an individual for the acts and omissions for which such individual is personally responsible. The concept of substitution of accused/convict is alien to criminal jurisprudence. Of course, the offences involving common object or common intention apart, a person is only liable for an offence that he commits himself. He can never be substituted or booked for the fault of some other person even if that person be his father or mother.