| Citation(s) |
|---|
| 2013 SLG 2409 2013 SLD 2409 2013 YLR 541 |
Lahore High Court
Criminal Miscellaneous No. 2485-B of 2011/BWP, decided on 8th December, 2011
SARDAR MUHAMMAD SHAMIM KHAN, J
Malik Muhammad Aslam Channer for Petitioner. Muhammad Sharif Bhatti for the Complainant. Muhammad Ali Shahab, Deputy Prosecutor General. Ahmad, S.-I. and Muhammad Azam, A.S.-I. with record
Criminal Miscellaneous No. 2485-B of 2011/BWP, decided on 8th December, 2011
SARDAR MUHAMMAD SHAMIM KHAN, J
Malik Muhammad Aslam Channer for Petitioner. Muhammad Sharif Bhatti for the Complainant. Muhammad Ali Shahab, Deputy Prosecutor General. Ahmad, S.-I. and Muhammad Azam, A.S.-I. with record
ABDUL QAYYUM
VS
The STATE and another
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---According to the F.I.R., complainant had allegedly handed over gold worth Rs.68,80,000 to the accused as trust but perusal of civil suit filed by complainant, relating to the same matter, revealed that complainant had taken a different stance by stating that accused had obtained a loan of the same amount from the complainant---No witness had been mentioned in the F.I.R. in whose presence gold was handed over to the accused as trust---Complainant had lodged two other F.I.Rs. against the accused concerning the same matter, but accused had managed to get bail in both of them---Offence with which accused was charged did not fall within the prohibitory clause of S. 497, Cr.P.C---Contention of complainant was that accused had issued 43 cheques in settlement of the amount of gold, and accused had filed a civil suit regarding the cheques in question, which was pending adjudication, and it was to be decided by the civil court whether cheques were issued as payment for the gold or they were issued without any consideration---Bail petition of accused was accepted and he was admitted to bail. ORDER SARDAR MUHAMMAD SHAMIM KHAN, J.---Abdul Qayum, petitioner seeks post-arrest bail in case F.I.R. No.661 of 2011, dated 17-9-2011, offence under section 489-F, P.P.C. registered at Police Station Cantt., Bahawalpur. 2. As per allegation against the petitioner as narrated in the instant F.I.R., petitioner had personal relations with the complainant, therefore, complainant handed over gold valuing Rs.68,80,000 as Trust (Amanat) to the petitioner but when complainant asked the petitioner to return his gold, he refused to return the same. Thereafter according to the settlement between the parties through the Panchaiat, petitioner issued 43 cheques, each amounting to Rs.1,60,000 equal to the amount of Gold valuing Rs.68,80,000. Out of which fifteen cheques were cashed but instant cheque amounting to Rs.1,60,000 was dishonoured on its presentation in the bank. 3. Learned counsel for the petitioner contended that prosecution story that gold valuing…
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