Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail, grant of---Accused had given dishonoured cheque to the complainant in the backdrop of a business deal of purchase of rice and the accused had already paid part of purchase price to the complainant---Remaining amount of purchase price was withheld owing to a dispute as to the quality of the supplied consignment---Whether the cheque was issued dishonestly in the circumstances of the case, was a matter to be determined by the Trial Court after recording of evidence---Accused had been behind bars for more than three months without any progress in his trial---Alleged offence against accused not falling within prohibitory clause of S. 497, Cr.P.C and accused having no previous criminal record, he was admitted to bail. ORDER MUHAMMAD ANWAARUL HAQ, J.---Through this petition, Imtiaz Ahmed petitioner has sought post-arrest bail in case F.I.R. No.192, dated 16-3-2011, for an offence under section 489-F, P.P.C. registered at Police Station Muradpur, District Sialkot. 2. Learned counsel for the petitioner contends that the petitioner is innocent and has falsely been roped in this case; that the matter between the parties is purely of rendition of accounts as admittedly there was a business deal of purchase of rice and the complainant admits that an amount of Rs.18,24,000 was paid by the petitioner to him. Further contends that remaining amount of Rs.2,76,000 was withheld because of the poor quality of the product and the disputed cheque mentioned in the F.I.R. was given to the complainant as a guarantee; that the offence against the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C.; that the petitioner has no previous criminal record; that in the circumstances case against the petitioner is one of further inquiry into his guilt and that he is behind the bars since 24-5-2011 without any substantive progress in his trial. 3. Conversely, learned Deputy Prosecutor-General opposing this bail application contends that the petitioner is specifically nominated in the F.I.R; that he has deprived the innocent complainant from…

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