ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA++++++

Crl. Misc. Appln. No.S-271  of  2009.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

20.01.2010.

For Katcha Peshi.

Applicant is produced in custody.

Respondent No.1 Zulfiqar Ali Channa is also present in person.

Mr.Naimatullah Bhurgri, State Counsel.

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                   An application was received through Superintendent, Jail.  It was stated in the application that Zulfiqar Ali Channa, an advocate of this Court, received an amount of Rs.29,500/- as professional charges, an amount of Rs.2400/- for Court expenses and an amount of Rs.2500/- for State Counsel from the applicant and never appeared in the case although applicant sent repeated messages through his son.  It is further stated in the application that cheque bearing No.D078412 was given by advocate Zulfiqar Ali Channa as return of part of the amount paid to him, which cheque, according to the applicant was dishonoured when present to the bank.

                   Notice was issued to advocate Zulfiqar Ali Channa.  He filed his objections.  He has denied the allegations and has submitted that petitioner paid him Rs.25000/- as part of his professional charges and his partner Abdul Haleem Qureshi regularly pursued the case in the trial Court.  He admitted that cheque for Rs.10,000/- was issued.  He stated that cheque was never presented to the bank and in any case thereafter he paid Rs.8000/- to the applicant.

                   I have heard both the applicant as well as the respondent. 

                   As far as question of Mr. Channa not fulfilling his professional obligation is concerned, the only forum in this regard provided by law is to approach the Bar Council.  Since Mr. Channa is not enrolled in the Supreme Court, it is the Sindh Bar Council competent to look into the allegations against him.  Let a copy of his application be sent to the Sindh Bar Council for appropriate action at their end.  As far as the allegedly dishonoured cheque is concerned, the applicant may lodge F.I.R. with the concerned police station or a direct complaint under Section 200, Cr.P.C before the Court of competent jurisdiction.  Consequently, this criminal miscellaneous application is disposed of.

                                                                                                JUDGE