IN THE COURT J-ABC LEARNED
JUDICAL MAGISTRATE, P.S ABC. , RAWALPINDI.
ABC1 S/o XYZ ( Late)
R/o House No.1, Street. No.1,
Satellite Town, Sector 1, Rawalpindi
Petitioner………..
VS
The State Respondent………
CASE FIR NO.000 DATED 02.02.2015,
UNDER SECTION 489-F PPC, REGISTERED WITH P.S. ABC, RAWALPINDI.
PETITION UNDER
SECTION 249/A Cr.PC.
Respectfully
Sheweth:-
1.
That
the above captioned case is pending adjudication before this Honourable court
and is fixed for today.
2.
That
the petitioner is accused in the above mentioned case and is attending the
court regularly on each and every date of hearing without fail.
3.
That
as per contents of FIR the allegation leveled against the Petitioner is that he
issued two cheques to the complainant, bearing No. 00000000 dated 10.01.2015 amounting
to Rs.40000/- and cheque No.1111111 dated 01.01.2015 an amounting to Rs.25000/-,
to be drawn at ABC Bank Branch Rawalpindi, which cheques were not encashed,
hence the instant case was got registered.
4.
That
infact the said cheques were never ever given to the complainant against any
obligation / amount due against the petitioner, furthermore the said cheques
are not in the name of the complainant which fact is clear like crystal from
the relevant column of the cheques in question. It is also worth mentioning
here that the said cheques bear the dates as 10.01.2015 and 01.01.2015, whereas
the instant FIR was got registered on 02.02.2015
and the complainant kept mum for such a long time which facts also speak
volumes of malafide and create serious doubt on the part of prosecution.
5.
That
in the light of the factual position stated in paras no.3 and 4 supra, no case
whatsoever is made out against the Petitioner as per law laid down by the Apex
Courts in hierarchy of judgments.
6.
That
the petitioner is facing agony of trial since the date of registration of the
above mentioned false and baseless case.
7.
That the even otherwise the prosecution has
miserably failed to produce even a single witness in the court till date, which
fact also establishes that the prosecution has no interest in the instant case
the case as its case is false and baseless.
8.
That
even if all the prosecution witnesses are produced / appeared before this
honourable court, even then there is no any chance of conviction of the
petitioner.
9.
That
in the circumstances further continuance
of the instant case would be futile exercise, and be mere wastage of precious
time of this honourable court, rather it would amount to the “abuse of the
process of the court” as per law and in
the light of dictum laid down by superior courts.
10.
That
the instant petition has been moved to meet ends of justice.
PRAYER:
It is therefore, respectfully prayed
that this petition may kindly be accepted and the petitioner may graciously be
acquitted from the charge, to meet the ends of justice, equity and good
conscious.
Petitioner,
Through:-
(NAME OF ADVOCATE)
Advocate High Court,
Note:
That as per
information received from the Petitioner (i.e. the client) this is the first
petition on the subject ever moved before this honourable court on behalf of
the petitioner in the instant case and no any other petition of like nature is
pending adjudication before any other court of law.
Counsel
No comments:
Post a Comment