HUMAIR YOUSAF vs STATION HOUSE OFFICER Ss — 2024 PCrLJ 756 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 PCrLJ 756 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: PCRLJ
Parties: HUMAIR YOUSAF vs STATION HOUSE OFFICER Ss
Subject matter: Criminal
Provisions referred to: S. 489-F---D; S. 22-; S. 489-F; B---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

HUMAIR YOUSAF VS STATION HOUSE OFFICER Ss. 22-a & 22-B---Penal Code (XLV of 1860), S. 489-F---Dishonoring of cheque---Right of hearing to accused---Ex-officio Justice of Peace, duty of---Scope---Petitioner was aggrieved of order passed by Ex-officio Justice of Peace directing S.H.O. of police station concerned to register criminal case for issuing cheques which were dishonored on presentation---Validity---Ex-officio Justice of Peace does not have absolute duty to hear accused while deciding an application under S. 22-a(6), Cr.P.C.---Ex-officio Justice of Peace may afford accused audience only if circumstances demand and no hard and fast rule can be laid down in such respect---Ex-officio Justice of Peace cannot conduct a "mini-trial" while hearing a complaint regarding non-registration of criminal case---any mandate to hold a detailed inquiry to ascertain veracity of allegations militates against very scheme of Cr.P.C.---Payment of two cheques was stopped by the drawer while the third was returned for the reason that the account was closed---"Stop payment" or "closure of account" does not, per se, take the case out of the ambit of S. 489-F, P.P.C.---Such circumstance made it imperative for Ex-officio Justice of Peace to hear the other side, therefore, petitioner had been prejudiced---High Court set aside order for registration of FIR and remanded the matter to Ex-officio Justice of Peace for decision afresh---Constitutional petition was allowed accordingly.

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