Law: Pakistan Penal Code, 1860

Section: 489F,24,32,260,261,345

Law: Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002

Section: 7

Law: Negotiable Instruments Act, 1881

Section: 138,139,140,141,142,000,000,000,000,000

Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 20(4),7

(a) Penal Code (XLV of 1860)--- ----S. 489-F [as added vide S.2 of Criminal Law (Amendment) Ordinance (LXXXV of 2002)]---Object of S.489-F, P.P.C. was to curb the fraudulent or dishonest issuance of cheques to cause dishonest gain or to cause dishonest loss---Before approaching investigation agency or launching a criminal prosecution, it was necessary to establish, prima facie, that cheque was issued dishonestly and with the intention to defraud---To know the intention of a drawer, a payee could give a notice to the drawer after dishonour of cheque by the drawee and before approaching the police or the Court---Word "dishonestly" employed in S.489-F, P.P.C. required conscious and serious examination. 2005 PCr.LJ 1462 and Mian Hussain Ahmad Hyder v. S.H.O. and others 2005 YLR 1565 ref. (b) Penal Code (XLV of 1860)--- ----S. 24---Word "dishonestly", defined and explained---Language of S.24, P.P.C. was explicit and conveyed that to constitute an act "dishonestly", it was important that something should be done with the intention of causing wrongful gain or wrongful loss---Wrongful gain could not be attained by wrong doer for himself only, but wrong doer could cause gain or loss to any other person also---Person could be said to have dishonest intention if in taking property it was his intention to cause gain by unlawful means of the property to which the person was so gaining, was not legally entitled or to cause loss by wrongful means of property to which the person so losing was legally entitled and it was further clear from definition of "dishonestly" that the gain or loss contemplated need not be a total acquisition or a total deprivation, but was enough, if it was temporary retention of property by the person wrongfully gaining or temporary "keeping out" the property from the person, legally entitled. PLD 1957 SC (India) 317 ref. (c) Words and phrases--- ----"Dishonestly" defined and explained. (d) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 2(d)(iv), 7, 20 & 22---Penal Code (XLV of 1860), S.489-F [as added vide S.2 of Criminal Law (Amendment) Ordinance (LXXXV of 2002)]---Recovery of loan---Procedure ---Object and…

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