ATIF SHABBIR vs RIZWAN RIAZ S — 2023 CLC 100 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 100 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: ATIF SHABBIR vs RIZWAN RIAZ S
Subject matter: Criminal
Provisions referred to: S. 56---C; S. 489-F---I; Civil Procedure Code (V of 1908); Penal Code (XLV of 1860)

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

ATIF SHABBIR VS RIZWAN RIAZ S.56---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Penal Code (XLV of 1860), S.489-F---Injunction to initiate judicial proceedings---Interim injunction, refusal of---Injunction when refused---Dishonestly issuing a cheque---Civil and criminal proceedings---Scope---Petitioner seeks ad-interim injunction restraining initiation of proceedings against him in respect of several cheques which have allegedly been stolen by defendant and handed over to others/interveners---First Information Reports have also been lodged against the plaintiff---Validity---Criminal proceedings and other civil litigation between the parties hereto relating the dishonouring of cheques is sub judice---Complaints about alleged fraud and cheating against plaintiff cannot justify that a restraining order be granted to plaintiff as it would have an adverse influence on any pending or future proceedings---Case of plaintiff is not confined to a cheque or few cheques given in pursuance of some undisputed transaction, which can justify a restraining order, in order to forestall further complications in the matter or multiplicity of the proceedings---Numerous cheques in question are in possession of different persons regarding which plaintiff has taken different stance, which require a proper trial---Interlocutory order cannot be extended even indirectly to those and to such matters which are not before the court---Ad-interim injunction cannot be extended to the dishonoured cheques---Application stands dismissed.

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