IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 884 of 2021.

Date	Order with signature of Judge

For hearing of main case.

18.03.2022.

Mr. Nasir Ali Rajput, Advocate for Applicant.

Syed Sardar Ali Shah, D.P.G.

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Through the instant Criminal Misc. Application, the applicant has impugned the Order dated 15.11.2021 passed by learned Additional Sessions Judge-III (MCTC)/Ex-Officio Justice of Peace Naushehro Feroze, who dismissed the Criminal Miscellaneous Application u/s 22-A (6) (i) Cr.P.C bearing Criminal M.A No. 4422/2021 filed by the applicant for registration of FIR, hence the applicant filed the instant Criminal Misc. Application.

2. Learned counsel for the applicant submits that the application filed by applicant under section 22-A B Cr.P.C for registration of FIR was dismissed on the ground that when the cheque was presented in concerned bank which was returned for the reasons that signature of the account holder was different from specimen signature but actually the cheque was issued by the proposed accused being payment of wheat which was sold out by the applicant to proposed accused as such he prays the impugned order of Ex-officio Justice of peace may be set aside and the directions may be given to SHO for registration of FIR against proposed accused.

3. On the other hand Mr. Muhammad Achar Panwhar Advocate files power on behalf of respondent No.4 Meer Muhammad who was shown as one of the proposed accused in Criminal Misc. Application. He as well as learned Additional Prosecutor General have supported the impugned order and seeks dismissal of instant Criminal Misc. application.

4. I have heard learned counsel for the applicant, learned Addl.P.G and have scanned the material available on record. From the perusal of record it reflects that applicant claims that he has sold out wheat to the proposed accused and in lieu thereof proposed accused had issued cheque of Rs. 46,00,000/- of UBL Branch Mithiani but when the cheque was presented before the concerned Bank on due date, the same could not be passed due to insufficient balance in the account of proposed accused. Furthermore report has been called from DSP Complaint Rederessal Cell Naushehro Feroze who in his report submitted that there is transaction terms between the parties due to which proposed accused Waqar given five cheques to applicant, the same was dishonoured by the Bank. The memo of bank which was presented in the Bank Al-Habib on 13.10.2021 which was returned for the reasons that signature of account holder was differing from specimen signature, thus it appears that dishonestly cheque was not issued to applicant. The dispute between the parties appears to be of transaction of amount as such civil litigation is also pending before the court of learned Senior Civil Judge-I Naushehro Feroze and applicant wants to convert his business dispute into criminal litigation and has filed the instant petition to involve the proposed accused in criminal litigation. In these circumstances it appears that there is no any illegally and infirmity in the impugned order passed by learned Additional Sessions Judge-III/ Ex-officio Justice of Peace Naushehro Feroze through his impugned order and same does not requires any interference, therefore the instant Criminal Misc. Application stands dismissed.

Judge

Irfan/P.A