MUHAMMAD SAEED AKHTAR vs ADDITIONAL SESSIONS JUDGE/JUSTICE OF PEACE, DISTRICT MULTAN Legal heirs, liability of

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MUHAMMAD SAEED AKHTAR VS ADDITIONAL SESSIONS JUDGE/JUSTICE OF PEACE, DISTRICT MULTAN Legal heirs, liability of---Scope---Penal or criminal liability does not devolve upon legal heirs. Ss. 22-a & 22-B---Penal Code (XLV of 1860), S. 489-F---Powers of Ex-officio Justice of Peace---Dishonestly issuing a cheque---Cheque drawn by father of accused persons---Scope---Petitioner filed an application for registration of a criminal case against respondents---Petitioner claimed that the respondents were known to him and they had purchased agricultural machinery from him and had issued a cheque but when the petitioner deposited the cheque in his account the same was dishonoured thrice---Bank account was in the name of deceased father of respondents---Justice of Peace noted that the dishonoured cheque was drawn by the late father of respondents---application was dismissed---Validity---Respondents might have inherited the business of their late father and while they might have inherited his estate, it did not mean that they became criminally liable for actions or activities allegedly undertaken by their late father---While a suit for recovery from the estate or inheritance might be in order, if at all, an application for registration of a criminal case against respondents could not be countenanced---Constitutional petition was dismissed. S. 489-F---Dishonestly issuing a cheque---Scope---Aim behind insertion of S. 489-F, P.P.C. is not to encourage or precipitate recovery of monies but to punish the person "who" dishonestly issued a cheque. art. 3---Elimination of exploitation---Criminal liability---Liability of legal heirs---Scope---article 3 of the Constitution, clearly provides safeguards against exploitation and persecution of citizens---article 3 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---Concept of substitution of accused/convict is alien to criminal jurisprudence---Offences involving common object or common intention apart, a person is only liable for an offence that he commits himself---Such person can never be substituted or booked for the fault of some other person even if that person be his father or mother. S. 489-F---Dishonestly issuing cheque---Scope---One of the basic ingredients of the offence contemplated by S. 489-F, P.P.C. is that a person must have drawn and issued the cheque himself in respect of an account maintained by him in a bank and that cheque is dishonoured---Person liable in respect of said penal provision is only the person who has drawn the cheque. S. 489-F---Dishonestly issuing cheque---Term "whoever"---Scope---Term "whoever" appearing at the start of S. 489-F, P.P.C. is important 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.

MUHAMMAD SAEED AKHTAR vs ADDITIONAL SESSIONS JUDGE/JUSTICE OF PEACE, DISTRICT MULTAN Legal heirs, liability of — 2022 PLD 516 LAHORE-HIGH-COURT-LAHORE

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