Salman Shaikh vs SHO PS Taluka Larkana Ss — 2025 YLR 1831 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 1831 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Salman Shaikh vs SHO PS Taluka Larkana Ss
Subject matter: Criminal
Provisions referred to: S. 489-F---I; S. 561-; S. 489-F; 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

Salman Shaikh VS SHO PS Taluka Larkana Ss. 561-a, 22-a & 154---Penal Code (XLV of 1860), S. 489-F---Inherent powers of High Court under S. 561-a, Cr.P.C.---Scope---Powers of Ex-Officio Justice of Peace---Order passed by Ex-Officio Justice of Peace for the registration of FIR under S.489-F, P.P.C---Petitioner assailed order passed by Ex-Officio Justice of Peace and sought quashing of the same---allegations of cheque dishonoured, coupled with the applicant's alleged refusal to honour payment despite repeated demands, disclosed a cognizable offence---Ex-Officio Justice of Peace rightly directed the SHO to register FIR if the statement of respondent/complainant substantiated the offence---Contention that respondent/complainant lacked locus standi was irrelevant at present stage---Issue of ownership and contractual validity was sub-judice in the civil suit, but the criminal complaint pertained to the dishonour of a negotiable instrument, which was actionable irrespective of title disputes---No jurisdictional error or illegality was found in the impugned order---applicant failed to substantiate allegations of malice or ulterior motive on the part of the respondents---Mere pendency of a civil suit does not ipso facto render criminal proceedings malicious---Impugned order was legal, well-reasoned, and sustainable under the law---Civil suit and criminal proceedings shall proceed independently in accordance with law---Criminal miscellaneous application was dismissed accordingly.

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