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---Habitual offender---Accused allegedly issued a cheque to the complainant, which was dishonoured on presentation as accused gave "stop payment" instruction to the bank---Contention of accused that he lost his bag containing the signed cheque book , which promoted him to inform the bank to stop payments, did not stand to reason since question was as to why entire cheque book was duly signed by accused---Subsequent issuance of second cheque by accused to the complainant negated the contention of accused that cheque book duly signed by him was lost---Accused was involved in other cases of similar nature by issuing cheques and defaulting in payment---As there was a monetary dispute between the parties, thus, possibility of issuance of cheque with dishonest intention could not be ruled out---Delay in lodging of F.I.R. was due to ongoing arbitration between the parties---Bail petition of accused was dismissed in circumstances. Makhdoomzada Abdul Karim v. The State and another 2012 PCr.LJ 1956 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(1)---Bail-Offence not falling within prohibitory clause of S. 497(1), Cr.P.C.---Scope---Grant of bail in cases not falling within prohibitory clause of S.497(1), Cr.P.C., was not a rule of universal application, as each case had to be decided on its own merits. JUDGMENT ABDUL LATIF KHAN, J.---Having failed to secure bail from the Courts below, the accused/petitioner Ghulam Jillani has filed the instant petition for his release on bail in case F.I.R. No.544 dated 12-9-2013 registered under section 489-F P.P.C. at Police Station City, D.I.Khan. 2. Learned counsel for the petitioner contended that the offence with which the petitioner has been charged does not come within the ambit of prohibitory clause of section 497, Cr.P.C. It was argued that the cheque was issued on 10-4-2012 whereas the arbitration between the parties took place on 14-7-2013 and it is pertinent to mention that the arbitration does not contain the factum of issuance of cheque on 10-4-2012 which means that the…

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