Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail, refusal of---Monetary dispute between the complainant and accused was taken up by a jirga, whereafter accused undertook to open a bank account and give a cheque to the complainant---Cheque presented by accused was dishonoured on presentation as the account was not in the name of the accused but in the name of his father---F.I.R. was registered against the accused but he was released on bail subject to a few conditions---Accused failed to meet the conditions of the bail granting order and subsequently his bail was recalled---Contentions of the accused were that monetary dispute between the parties had been made the subject of criminal proceedings; that in respect of the monetary liability and cheque in question the accused had filed a declaratory suit against the complainant as the cheque was obtained from the accused forcibly, and that the offence did not fall within the prohibitory clause of S. 497, Cr.P.C---Validity---Accused had given a cheque to the complainant knowing the fact that the cheque in question was from the account of accused's father---Accused had neither denied his signature on the cheque nor the amount mentioned therein but had taken a plea that cheque was obtained from him forcibly and in this respect he had also filed a declaratory suit---Record showed that said declaratory suit of accused was dismissed for non-prosecution---Accused could not take shelter under the plea that the offence did not fall within the prohibitory clause of S. 497, Cr.P.C, in view of the facts and circumstances of the case---Other persons had also become victims of such machinations of the accused---Bail petition of accused was dismissed with a direction to the Trial Court to conclude the trial within three months. 2009 SCMR 174 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail---Entitlement to bail on ground that offence did not fall within prohibitory clause of S. 497, Cr.P.C---Scope---Such rule was not of universal application and each case had to be…

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