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IQBAL AHMED RAJPUT vs State S — 2022 MLD 1781 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 MLD 1781 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
MLD
Parties
IQBAL AHMED RAJPUT vs State S
Subject matter
Criminal
Provisions referred to
S. 489-F---D; S. 489-F

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IQBAL AHMED RAJPUT VS State S.489-F---Dishonestly issuing a cheque---Payment of amount mentioned in cheque---Scope---Petitioner got lodged three FIRs against the respondent under S.489-F, P.P.C.---During investigation, respondent paid the amounts mentioned in the cheques to the petitioner through pay orders, etc---Magistrate disposed of the FIRs under 'C' class, which orders were under attack---Core argument of the petitioner was that the amounts received by him were not for adjustment of amounts of cheques but were paid to him as profits on his investment---High Court observed that since there was no determination by any forum upholding the theory of petitioner, therefore, no such finding could be given---Dispute between the parties appeared to be of civil nature for settlement of accounts---Observations and conclusions of the Magistrate did not appear to be suffering from any illegality or miscalculation warranting interference by High Court in exercise of constitutional jurisdiction particularly when the petitioner had an adequate remedy available in the shape of a direct complaint on the same cause of action---Constitutional petitions were dismissed, in circumstances.

Other judgments reported in 2022 MLD

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