KHALID ALAM vs PROVINCE OF SINDH through Home Secretary Sindh Ss — 2022 PCrLJ 1094 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 1094 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: KHALID ALAM vs PROVINCE OF SINDH through Home Secretary Sindh Ss
Subject matter: Criminal
Provisions referred to: S. 173; S. 249-

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

KHALID ALAM VS PROVINCE OF SINDH through Home Secretary Sindh Ss. 249-a & 265-K---Quashing of FIR---alternate remedy, availability of---Submission of challan---Scope---accused sought quashing of FIR on the ground that all the FIRs were in respect of one and same transaction executed at the time for sale of rickshaws---Held; first FIR was lodged against three dishonoured cheques given by the accused to the complainant against purchase of 56 CNG rickshaws pursuant to a transaction executed in 2019---Second FIR was lodged for two dishonoured cheques and was in respect of sale of 20 rickshaws to the accused following a transaction executed in 2018/2019---Transactions appeared to be distinct in every dimension from each other and were done at different points of time---Mere nature of transactions being the same i.e. sale and purchase of the rickshaws between the same parties did not make them as one and same incident to be probed only in one FIR---Third FIR was altogether different and was lodged for commission of offences of breach of trust, cheating and dishonestly inducing delivery of property under Ss. 420 & 406, P.P.C.---High Court observed that since reports under S. 173, Cr.P.C. had been submitted, the accused had a remedy under S. 249-a or 265-K, Cr.P.C. as the case might be before the Trial Courts for the same relief---Constitutional petition was dismissed.

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