Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.489-F---Dishonouring of cheque---Bail, refusal of---Car in question was purchased by the petitioner/accused from the complainant and instead of making payment of the consideration amount, he issued the cheques in questioning the name of the complainant knowing that he did not have sufficient funds to meet with the face value of the same---If an offender dishonestly issued cheque towards repayment of loan; or fulfilment of a legal obligation knowingly; that it would be bounced on presentation, would be deemed to have committed an offence within the scope of S.489-F, P.P.C.---If accused would adopt the plea that he had sufficient funds for encashment of the cheque issued by him, the burden to prove the same would be upon accused---Cheques in question had been bounced mainly for the reason that the funds in the relevant account were not sufficient---Having dishonestly issued the cheques in regular intervals with mala fide intention; and being in knowledge that sufficient funds were not available, accused had proved himself to be a habitual offender---Contention of counsel for accused was that offence against accused being punishable with imprisonment of three years, same did not fall within the prohibitory clause of S.497, Cr.P.C.; and should be deemed as a bailable offence as in such like offences, the grant of bail was a rule and rejection thereof an exception---Said contention could not be entertained---Prosecution case against accused brimmed with incriminating connecting evidence; and he had committed a non-bailable offence falling outside the scope of further inquiry as contemplated under S. 497(2), Cr.P.C.---Bail was declined. (b) Criminal Procedure Code (V of 1898)--- ----S.497(2)---Bail, grant of---Principles---Further inquiry---Accused, notwithstanding the punishment of imprisonment not falling under the prohibitory clause, of S.497, Cr.P.C. could not be admitted to bail as a matter of right, overlooking the attending facts and circumstances of the case---For seeking bail in a non-bailable offence, it was incumbent that accused would establish, though prima facie, the…

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