A.That the petitioner has no nexus with the commission of the offence whatsoever. B.That case fir is false, against law and facts. C.That according to the slip attached with the cheque was ;out dated; bank has termed it as a stale cheque, as it had been presented for encashment beyond the period of six months from the date of its issue, and in circumstances it was bound to be dishonoured, [date on alleged cheque was on 15-08-2008 while the same was presented for the first time on 15-06-2009—-complainant[respondent] seemed to know well that the cheque would not be enchased but still presented it for payment, merely to bring a case against the accused under S489-f ppc —-Dishonest intention of the accused was not patent or deducible from circumstances o the case—-allegation brought against the petitioned is groundless and criminal proceedings against the petitioner would amount to an abuse of the process of law and allowing this would be a waste of tine and aggravation o the miseries of the petitioner /accused.
D.That there is no offence or case of dishonestly issuing a cheque within the meaning of section 489-f ppc is made out against the present petitioner, the relevant section is reproduced as under: Section 489-f of Pakistan penal code, . E. That the petitioner has no nexus with the commission of offence whatsoever. F. That the instant case is false and frivolous based upon malafide. G. That the petitioned has not issued any cheque to the complainant.
H. That the complainant has tampered the cheque and manipulated his name by the word URDU WORD into his own name, similarly the alleged cheque was shown a cross cheque but presently as an open cheque, this also make the case of the complainant a false one. I. That the petitioner is a respectable citizen and command good reputation in the society and previously non-convict as well. 8. That the petitioner has o other legal, Expeditious, proper, swift and alternate remedy except the instant petition. 9. That and affidavit is attached herewith.
Under the above-mentioned circumstances, it is most respectfully prayed that by accepting this instant petition Case fir 530/09 police station sadar Gujranwala Dated 04-08-2009 offence u/s 489-f p.p.c. may very kindly be quashed. It is further prayed that appropriate orders may kindly be passed
to police not to arrest the petitioner until the disposal of the instant petition. Any other adequate remedy which this honourable court deems fit may also be granted.