Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 489-F---Negotiable Instruments Act (XXVI of 1881), S. 84---Dishonoured cheque---Pre-arrest bail, grant of---Negotiable instrument---Delayed presentation of cheque---Non-filing of recovery suit---Cheque in question was issued on 25-2-2011 and was presented for payment on 11-11-2013, when it was bounced due to insufficient funds---Plea raised by accused was that FIR was registered with mala fide intention---Validity---Cheque in question was a negotiable instrument which was presented to bank after lapse of about 30 months---Cheque was required under S.84 of Negotiable Instruments Act, 1881, to be presented for payment within a reasonable time of its issue---Dishonest intention in issuing a cheque was sine qua non to attract offence under S. 489-F, P.P.C., which was yet to be established after having recourse to evidence---No date, time or place of alleged payment of Rs.8 million by complainant to petitioner was mentioned in FIR---Complainant did not file any suit against accused for recovery of disputed amount---Cheque was in possession of complainant, therefore, no recovery was pending against accused---Offence under S. 489-F, P.P.C. did not fall within the prohibitory clause of S. 497, Cr.P.C.---Plea of malice raised by accused could not be discarded outrightly---Object of pre-arrest bail was to save innocent persons from humiliation, harassment and incarceration on the basis of false implication--- Pre-arrest bail was allowed in circumstances. Mian Allah Ditta v. The State and others 2013 SCMR 51 rel. ORDER ABDUS SATTAR ASGHAR, J.---Muhammad Ashraf petitioner/accused in case FIR No.13/2014, dated 3-1-2014 in the offence under section 489-F of the Pakistan Penal Code, 1860, Police Station City B-Division Sheikhupura has sought pre-arrest bail on the ground that he is innocent and has been falsely implicated in the case with malice. 2. As per FIR lodged on 3-1-2014, the complainant alleged that he had business deal with the petitioner/accused; that about three years back the petitioner borrowed Rs.8 million from the complainant to meet his business requirement and promised to return…

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