IN THE SUPREME COURT OF PAKISTAN  
(Appellate Jurisdiction) 
 
 
PRESENT:  
MR. JUSTICE UMAR ATA BANDIAL 
MR. JUSTICE SYED MANSOOR ALI SHAH 
MR. JUSTICE QAZI MUHAMMAD AMIN AHMAD 
 
 
 
Criminal Petition No.540-L OF 2021 
(Against the order dated 31.03.2021 passed by the Lahore High 
Court of Lahore in Crl. Misc. No.19186-B/2021) 
 
 
 
 
Syed Husnain Haider 
 
 
 
 
…Petitioner(s) 
                                        VERSUS 
 
 
The State and another 
 
 
…Respondent(s) 
 
 
 
 
For the Petitioner(s): 
Syed Tayyab Nasir Mehmood, ASC 
(video link at Lahore) 
along with Syed Husnain Haider, in 
person (at Islamabad) 
 
 
For the Respondent(s): 
Ch. Muhammad Maqsood Butter, ASC 
 
 
 
Date of Hearing: 
14.07.2021 
 
 
 
 
 
     O R D E R 
 
 
 
Qazi Muhammad Amin Ahmed, J.- In a family breach, the 
petitioner has been blamed by the complainant, no other than a close 
relative, to have issued him two bank cheques, to the tune of rupees one 
crore forty-seven lac, towards fulfillment of a financial obligation, arisen out 
of a botched sale transaction relating to some piece of land, bounced upon 
presentation; avoiding arrest for a considerable span of time, he has finally 
been declined judicial protection by a learned Judge-in-Chamber of Lahore 
High Court vide order dated 31.3.2021 to argue before us that in the 
absence of any subsisting ‘financial obligation’ he had handed over the 
cheques to his brother Syed Zulqarnain as security instrument for the 
settlement of family feud, fraudulently taken over by the complainant, 
cancellation whereof, is being pursued through a declaratory suit, sub judice 
Criminal Petition No.540-L OF 2021 
 
in a Civil Court at Chunian till date, a position vehemently contested by the 
learned Law Officer with the assistance of counsel for the complainant.  
2. 
 
Heard. Record perused. 
3. 
 
The 
impugned 
instruments 
admittedly 
belonged 
to 
the 
petitioner; these carry a wording on their back as “shorty”, however, the 
learned counsel despite his best attempt has not been able to point out, even 
obliquely, any clause of contract/agreement or any portion thereof, in 
performance whereof, the petitioner purportedly stood surety. Supported by 
statutory presumption of being a valid instrument, a drawer cannot ward off 
the consequences of its failure through bald plea of being an unsuspecting 
surety. Even otherwise, within the family fold in a close degree, the petitioner 
has not been able to point out any mala fide or animus, possibly lurking 
behind his long due arrest in a non-bailable/cognizable offence, a sine qua 
non to divert the usual course of criminal law. View concurrently taken by 
the courts below being well within the remit of law calls for no interference. 
Petition fails. Leave declined.  
 
 
 
 
 
 
 
 
 
 
 
Judge 
 
 
 
Judge 
 
  
 
Judge 
ISLAMABAD 
14th July, 2021 
Azmat/* 
“Not approved for Reporting” 
 
 
Criminal Petition No.540-L OF 2021 
 
  
