Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.419, 420, 468, 471 & 34---Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, common intention---Bail, refusal of---Allegation against accused was that he presented a cheque for payment at a bank, which was drawn on the account of a lady---Said lady informed the bank that she had not issued the cheque---Defense plea of accused was that he was not a beneficiary and the cheque in question had been given to him by his friend to get the same encashed---Validity---Defense plea of accused could only be determined by Trial Court---Admittedly accused had presented the cheque in the bank, and he was arrested at the bank and cheque was recovered from him---Prima facie reasonable grounds existed to connect accused with the alleged offence---Bail application was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Material available on record, assessment of---Scope---For deciding bail application court only had to see material available on record tentatively. Mrs. Riaz Qayyum v. The State 2004 SCMR 1889 rel. ORDER NAIMATULLAH PHULPOTO, J.---Applicant/accused Ahmed Khan seeks bail in Crime No.1 of 2013, registered at F.I.A., C.B.C., Karachi against the applicant/accused and others on 1-2-2013 under sections 419/420/468/109, P.P.C. Brief facts of the prosecution case as disclosed in the F.I.R. are that Mr. Saad Qureshi, Manager, M.C.B., Badar Commercial Branch, Karachi, made a written complaint to the Additional Director, Federal Investigation Agency, Karachi, alleging therein that applicant/ accused Ahmed Khan holding CNIC No.43101-8373081-7, appeared at Badar Commercial Branch on 30-1-2013 at 10-15 a.m. and presented a Cheque for PKR 200,000 drawn on Account No.1000147 of Mst. Fozia Ahmed wife of Saghir Ahmed over the counter for payment. Manager was standing over the counter as usual. Cheque was presented to him as the customer was known to the Manager, he called customer to obtain the C.B.C. for confirmation of the cheque to which she refused and informed…

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