Muhammad Javed Aslam vs State Ss — 2026 MLD 457 KARACHI-HIGH-COURT-SINDH

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Muhammad Javed Aslam VS State Ss. 22-a & 561-a---Powers of Justice of Peace under S. 22-a, Cr.P.C.---Scope---Petition filed under S. 22-a, Cr.P.C, by the complainant/respondent for the registration of criminal case against the petitioners was allowed by the Ex-Officio Justice of Peace---Validity---Complainant alleged that petitioners issued cheques on the pretext of business deal to him but were dishonoured when presented before the bank concerned---Record reflected that cheque, which was the subject matter of instant application, was issued by Poultry International, which belonged to the present applicants---Said cheque was dated 13.10.2023 and the dishonoured memo issued by the bank showed that it was presented in the Bank for encashment on 05.06.2024 i.e. after a clear lapse of more than six months---Stale cheque was a cheque that had been outstanding for an unreasonable time---Cheque may be outstanding for more than six months and a bank may under its discretion refuse to honour such a cheque---In the case in hand, the subject cheque was drawn on 13.10.2023 and was presented in the Bank for encashment on 05.06.2024, clearly after a delay of more than six months---Ex-Officio Justice of Peace ought to have applied its mind before allowing the application in a mechanical manner under S.22-a & B, Cr.P.C and directing the SHO to register FIR against the applicants based upon a stale cheque---Use of the word "may" in S.22-a(6), Cr.P.C., clearly made the jurisdiction of an Ex-Officio Justice of the Peace as discretionary in nature, which was required to be exercised with caution and restraint and not in a mechanical manner---Criminal Miscellaneous application was allowed, accordingly.

Muhammad Javed Aslam vs State Ss — 2026 MLD 457 KARACHI-HIGH-COURT-SINDH

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