Law: Code of Criminal Procedure (CrPC), 1898

Section: 498

Law: Penal Code (XLV of 1860)

Section: 489F

(a) Criminal Procedure Code (V of 1898)---S. 498---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Pre-arrest bail, confirmation of---Cheque issued as security and not towards repayment of outstanding loan or fulfilment of an obligation---Effect---Complainant alleged that accused owed him a sum of money and paid the cheque in question, which was dishonoured on presentation---Accused contended that cheque in question had only been issued as security when both parties agreed to settle their dispute through arbitration---Validity---Issuance of cheque in question appeared to be connected with the arbitration accord---Investigation officer stated that cheque was issued by way of security rather than for discharge of liability---Prima facie circumstances indicated that cheque in question was not issued towards repayment of some outstanding loan or fulfilment of an existing obligation instead it had been issued to meet a possible future obligation, therefore, foundational elements of S.489-F, P.P.C. were prima facie missing---Pre-arrest bail of accused was confirmed in circumstances.(b) Penal Code (XLV of 1860)-------S. 489-F--- Dishonestly issuing a cheque--- Ingredients---Foundational elements to constitute an offence under S.489-F, P.P.C. were that cheque should be issued with dishonest intent; that cheque should be issued towards repayment of a loan or fulfilment of an obligation, and that cheque in question should be dishonoured.JUDGMENT TASSADUQ HUSSAIN JILLANI, J.---Petitioner seeks bail in the case registered vide F.I.R. No.261 of 2012 dated 7-8-2012 under section 489-F, P.P.C. at Police Station Kotwali District Sialkot on the statement of Mian Muhammad Shoban with the allegation that he had some business transactions with the petitioner; that in that regard the petitioner owned him a sum of Rs.2500,000 for which he issued cheque bearing No.41741493 amounting to Rs.2500,000 which was dishonored when presented before the Askari Bank. 2. Learned counsel for the petitioner seeks bail on the ground that the case is false; that the petitioner and complainant entered into an agreement for construction of complainant's house; that a…

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