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Search Results: Categories: 11 PPC (1 found)
KASHIF KHAN VERSUS THE STATE
Citation: 2008 SBLR 1487
Case No: CR. MISC. APPLICATION NO. 117 OF 2007
Judgment Date: 17/03/2008
Jurisdiction: Sindh High Court
Judge: Justice AVSHAD NOOR KHAN
Summary: Background:
An FIR No. 177/2007 was lodged on 28.03.2007 by a complainant, an employee of Global Trading Company, alleging that the company had given Rs. 936,875 to the applicant. The applicant issued a cheque which bounced upon presentation. The complainant demanded the return of the money, but the applicant failed to comply, leading to the registration of the case under section 489-F PPC. The applicant's initial bail applications were denied until bail was granted by the court. The applicant then filed an application for acquittal under sections 249-A/249 Cr.P.C., which was rejected by the learned Judicial Magistrate. This led to the present application for quashing the order.
----Issues:
1- Whether the complainant, being an employee of the company, was competent to lodge the FIR.
2- Whether the dispute was of a civil nature, making the criminal case against the applicant invalid.
3- Whether the application for quashing the order of the learned Judicial Magistrate was maintainable.
----Holding/Reasoning/Outcome
The court held that:
Under section 44 Cr.P.C., any person aware of the commission of an offense can lodge an FIR. The complainant, being an employee of the company, was deemed competent to file the FIR.
The dispute, although civil in nature, included the intentional issuance of a bogus cheque, which is a criminal offense under section 489-F PPC. The complainant had the right to pursue both civil and criminal proceedings simultaneously.
The application for quashing the order was not maintainable as the applicant had an efficacious remedy to challenge the order before the learned Sessions Judge in revision under section 435 Cr.P.C.
The court dismissed the application, stating that the proceedings before the learned trial court should continue.
----Citations/Precedents
Section 44, Cr.P.C.: Public to give information of certain offenses.
Section 489-F, PPC: Issuance of a cheque dishonestly.
Section 249-A/249, Cr.P.C.: Acquittal at any stage.
Section 11, PPC: Definition of 'person' including companies and associations.
Section 561-A, Cr.P.C.: Inherent powers of the High Court.
Section 435, Cr.P.C.: Revision by Sessions Judge.