ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr.Misc.Application No.S-401 of 2018

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Date Order with signature of Hon’ble Judge

1. For orders on office objection.

2. For hearing of main case.

3. For hearing MA No.2931/2018

31.05.2019

Mr. Mummad Raza Soomro, advocate for the applicant .

Mr.Shafi Muhammad Mahar, DPG for the State

Mr. Bakhat Ali Rajpar, advocate for private respondent (absent).

On application of the private respondent learned Ex-Officio Justice of Peace/IInd Additional Sessions Judge Khairpur directed SHO P.S Khuhra to record FIR of the private respondent against the applicant allegedly for having issued a cheque in his favour dishonestly.

2. It is contended by learned counsel for the applicant that the cheque was issued by the applicant as guarantee on account of purchase of buffalos and same even otherwise issued at Karachi as such learned Ex-Officio Justice of Peace/IInd Additional Sessions Judge Khairpur was having no jurisdiction to have directed SHO P.S Khuhra to record FIR of private respondent. By contending so, he sought for setting aside of the impugned order.

3. Learned DPG for the State was fair enough to say that the private respondent was having an alternate remedy to exhaust by filing of direct complaint or suit for recovery before the Court having Jurisdiction.

4. Admittedly the cheque was issued for a Bank at Karachi and it was relating to sale and purchase of buffalos. In these circumstance learned Ex-Officio Justice of Peace/IInd Additional Sessions Judge Khairpur was hardly having jurisdiction to have directed SHO P.S Khuhra to record the FIR of the private respondent at PS Khuhra by way of impugned order, it is set-aside with an advice to the private respondent either to file suit for recovery or a direct before the Court having jurisdiction.

Judge

Nasim/P.A