Tuesday, 28 July 2015

PETITION FOR REGISTRATION OF CRIMINAL CASE UNDER SECTION 489-f PPC FOR DISHONOURED CHEQUE



IN THE COURT OF SESSION JUDGE, NAME OF THE CITY.















NAME OF THE PETITIONER AND ADDRESS.
Petitioner
V E R S U S

1.                 Station House Officer, name of the police station and City.


2.       Name of the person who issued cheque.
Respondent
PETITION UNDER SECTION 22-A, 22-B
CR. PC FOR THE REGISTRATION OF CASE

Sir,

Petitioner humble Sheweth as under:-

1.     That the addresses of the parties are given true and correct for the service / notice upon the parties through this Honorable Court when and so required.

2.     That the petitioner is a businessmen and running his business of Artificial Jewellery situated at  address and city.   

3.     That the respondent No. 2 is running his business of making Artificial Jewellery. The petitioner was used to purchase artificial jewellery from the respondent No. 2, petitioner always paid the consideration of the artificial jewellery to the respondent No. 2 in shape of advance.

4.     That the petitioner has placed an order to the respondent No. 2 for the purchase of artificial jewellery and paid the consideration in shape of advance amounting to Rs.5,00,000/- but the respondent regretfully failed to fulfill his commitment and not to deliver the said order within the stipulated period, when the petitioner approached to the respondnet No. 2 for the delivery of the order the respondent No. 2 with one pretext owing to shortfall of electricity not fulfill the order within stiupulated period so the respondent has returned the advance consideration amount Rs.5,00,000/- through his account’s  cheque No. 5878327 dated 00.00.2000 (NAME OF THE BANK) in favour of petitioner. The respondent No.2 issued the said cheuque with mala fidely, dishonestly and fraudulently.

5.     That the petitioner has deposited the above said cheque in his account (NAME OF THE BANK)  on its due date the same was dishonored due to “INSUFFICIENT FUNDS”. (Copy of the Cheque and Return Memo Slip are annexed herewith).

6.     That the petitioner has approached to respondent No. 2 about the matter and demand for cash payment against said cheque, the respondent No. 2 has promised to pay the consideration amount but thereafter flatly refuse to pay the said amount and threatened for dire consequences.
7.     That the petitioner moved an application in Local Police Station for the registration of case against accused U/S 489-F the respondent No. 1/S.H.O concerned declined to register the case, hence filed present petition. (Copy of application is annexed herewith petition).

8.     That the S.H.O / Respondent No. 1 has willfully and dishonestly failed to discharge his duty whereas Section 154 makes it obligatory and it is mandatory for S.H.O to register the case if some cognizable offence is shown to have been committed.

9.     That there is no efficacious and speedy remedy except to invoke the jurisdiction of this Honorable Court by way of filing the instant petition.

It is, therefore petitioner humbly requested this Honorable Court may kindly be issued direction to Respondent No. 1 for the registration of case against Respondent No. 2.



Petitioner
Dated:










Through:


Counsel


IN THE COURT OF SESSION JUDGE, NAME OF THE CITY.















NAME OF THE PETITIONER AND ADDRESS.
Petitioner
V E R S U S

2.                 Station House Officer, name of the police station and City.


2.       Name of the person who issued cheque.
Respondent

PETITION UNDER SECTION 22-A, 22-B
CR. PC FOR THE REGISTRATION OF CASE

Affidavit of

(NAME OF THE PETITIONER)

I, the above named deponent do hereby solemnly affirm as under:-

That the contents of the attached application are true and correct to the best of my knowledge and nothing has been concealed.


Deponent


VERIFICATION

Verified on Oath at Faisalabad on this 9th day of October 0000 that the contents of this affidavit are true and correct to the best of my knowledge and belief.


Deponent

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