---Ss. 22-A & 22-B--ASJ/JOP directed to SHO to record statement and proceed under law--

 PLJ 2021 Lahore 958

Criminal Procedure Code, 1898 (V of 1898)--

---Ss. 22-A & 22-B--ASJ/JOP directed to SHO to record statement and proceed under law--JOP requisitioned a report from police--disputed cheque was executed by petitioner, however delivered as guarantee--Execution of cheque, dishonor of said cheque and maintaining account with said branch was not disputed--No illegality or perversity was observed--Petition dismissed.

[P. 959 & 960] A, B & C

Malik Khalil Ahmad Kalroo, Advocate for Petitioner.

Haji Dilber Khan Mahaar, Assistant Advocate General for Respondents.

Mr. Kashif Nadeem Malik, Advocate for Respondent No. 3.

Date of hearing: 21.6.2021.

 PLJ 2021 Lahore 958
[Multan Bench, Multan]
Present: Sardar Ahmad Naeem, J.
NAZAR HUSSAIN--Petitioner
versus
ADDITIONAL SESSIONS JUDGE/JUSTICE OF PIECE LAYYAH
and 2 others--Respondents
W.P. No. 6886 of 2021, decided on 21.6.2021.

Order

Description: AThrough this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner challenges the order dated 27.04.2021 passed by /Respondent No. 1 with the direction to S.H.O. to record statement of Respondent No. 3 and, proceed under the law.

2. No cognizable offence was made out from the contents of the application but the learned Ex-Officio Justice of Peace misdirected himself and directed the S.H.O. concerned to record statement of Respondent No. 3 without adverting to the facts of the case and law on the subject, thus, the impugned order was liable to be set aside.

3. Learned counsel for the Respondent No. 3 maintained the validity of the impugned order.

Description: B4. A review of the record demonstrates that Respondent No. 3 filed the application under Section 22-A, 22-B, Cr.P.C. on 06.05.2021 and levelled the allegation against the petitioner in Para No. 1 of the said application. The learned Ex-Officio Justice of Peace requisitioned a report from the Illaqa Police. A report dated 11.04.2021 is available on record which revealed that disputed cheque was executed by the petitioner however, delivered to the said respondent by way of guarantee. The execution of chuque, dishonour of said cheque and maintaining the account with the said branch of Bank was not disputed by the learned counsel for the petitioner, however, it was argued that the cheque was handed over by way of guarantee. Was there an endorsement on the cheque regarding "guarantee", learned counsel for the petitioner could not answer the said question satisfactorily and submitted that there was no such endorsement. I have gone through the impugned order. No illegality or perversity was observed therein, thus, I would refrain to interfere in the well-reasoned order handed down by the learned Ex-Officio Justice of Peace.

Description: C5. In view of the above, there is no merit in this petition which is hereby dismissed.

(K.Q.B.) Petition dismissed