Sardar Hafeez Loni vs State Ss — 2025 PCrLJ 648 QUETTA-HIGH-COURT-BALOCHISTAN

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

Sardar Hafeez Loni VS State Ss. 249-a, 265-K, 561-a & 154---Quashing of FIR and orders---Scope---Complainant sold out a number of Tractors and different machineries to the petitioner, who in lieu thereof issued a post-dated cheque worth Rs.125,000,000/-which was dishonoured, thus, the complainant lodged FIR and simultaneously filed a summary suit under O.XXXVII, R.2, C.P.C---However, the matter between the parties was resolved through arbitration, whereby outstanding amount of Rs.125,000,000/- was reduced to Rs.90,000,000/- and Judicial Magistrate acquitted the petitioner in the FIR---Several post-dated cheques were issued by the petitioner but were dishonoured when presented before the bank, thus different FIRs were lodged against the accused-petitioner---Before the challan, the petitioner filed application for quashing the FIR, however, the challan was submitted---Petitioner filed application under S.249-a, Cr.P.C but same was dismissed---During Trial the complainant filed an application for recording his statement through E-system, which was allowed but due to some technical issues, it could not be implemented as such the Trial Court modified the said order by appointing one man Commission to record the statement of complainant at his residence---Validity---although the cheques had been issued in lieu of a sale transaction of tractors and machineries sold by the complainant to the petitioner, however, while considering the peculiar circumstances, it showed that prima facie cheques were issued and dishonoured on different dates, therefore, the arguments advanced on behalf of the petitioner had no substance that FIRs merit to be quashed on the basis of double jeopardy---Thus, dismissal of the application filed under S.249-a, Cr.P.C, suffered from no error of law and facts---as far as quashment petition filed before the submission of challan was concerned, since other constitutional petitions on the similar point had been held to be devoid of merits, therefore, the instant petition also being meritless, unsustainable and having no justification and legal backing merited dismissal as well---Since the cheques were dishonoured within the span of twelve months, therefore, as contemplated under S.234, Cr.P.C, the Trial Court may on the application of either party direct joinder of charges in a Trial, while considering the fact and circumstances of the case---adverting to the impugned order pertaining to recording statement of the complainant by the Commission at his house, having been assailed, the petitioner had failed to demonstrate and point out any illegality or perversity in the impugned orders, causing prejudice to him, thus, the impugned orders suffered from no error of law---Court was not persuaded to meddle with the impugned orders herein regarding recording of statement of the complainant at his residence---as far as the question of breach of peace was concerned, the Court had already dispensed with the attendance of the petitioner during his statement---In order to avoid any untoward incident, it would be appropriate to ensure provision of security during recording the statement of complainant by the concerned SHO, at the residence of the complainant---Petitions being shorn of merits were dismissed, in circumstances.

Sardar Hafeez Loni vs State Ss — 2025 PCrLJ 648 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ