Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.489-F---Bail before arrest, grant of--Accused had been dealing in business with complainant on basis of agreement---As per working relationship of accused and complainant, accused used to issue post-dated cheques to complainant and accused, who was working as distributor of complainant, after selling goods of complainant in the market and effecting recoveries from the market, had been making payment to complainant who, in lieu thereof, used to return post-dated cheques received by him as a security in lieu of goods given by him to accused---Some dispute regarding supply of substandard goods took place between accused and complainant and accused demanded refund of price of substandard goods supplied by complainant and on that account dispute arose between parties and payment was stopped by accused---Accused apprehending some action from complainant with regard to cheques, filed civil suit seeking declaration, cancellation of cheque, permanent injunction, specific performance of agreement and rendition of accounts---Civil Court vide its order suspended operation of disputed two cheques and directed complainant not to encash same till further order---Despite such order of Civil Court, disputed cheques were presented by complainant and same were returned by Bank constituting offence under S.489-F, P.P.C. and as a result of which F.I.R. was registered against accused---Contention of complainant that civil suit was filed by accused seeking suspension of disputed cheques, was repelled as said cheques were not in existence when said suit was filed by accused---Was yet to be seen whether cheques in dispute were issued with criminal intention to deceive complainant---Bail already granted to accused, was confirmed, in circumstances. Aamir Shehzad v. The State and another PLD 2005 Lah. 568 ref. ORDER FAZAL-E-MIRAN CHAUHAN, J.---The petitioner has sought bail before arrest in case F.I.R. No.255 of 2005 dated 13-7-2005 under section 489-F, P.P.C. registered with Police Station, Cantt. Multan on the complaint of Ch. Khalid Sohail. 2. It is contended by learned counsel for the petitioner that the…

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