Law:

Section:

(a) Penal Code (XLV of 1860)--- --------S. 489-F---Dishonestly issuing cheque---Ingredients of offence---To constitute offence under S.489-F, P.P.C., ingredients of offence were that cheque was issued with dishonest intention; towards repayment of a loan or fulfilment of an obligation and cheque was dishonoured on presentation. (b) Criminal Procedure Code (V of 1898)--- --------S. 497 --------- Penal Code (XLV of 1860), S.489-F---Dishonestly issuing cheque---Bail, refusal of---Cheque for a huge amount was issued by accused with the full knowledge that sufficient amount was not available in his account to honour the cheque --------- Prima facie, element of dishonesty was established on the part of accused---Said amount was advanced to accused as loan for some business---Cheque in question was issued by accused towards the repayment or for that matter, the fulfilment of his obligation towards the complainant; and that cheque was dishonoured --------- Provisions of S.489-F, P.P.C., were squarely attracted in the case---Complainant, could not be bound down to seek his remedy by approaching the civil court, through a recovery suit, when there was no legal embargo on him to press into service the penal provisions against delinquent, through registration of an FIR---Mere fact that the offence for which accused was charged, did not attract the prohibitory limb of S.497, Cr.P.C., could not per se hold him entitled to the concession of bail---Grant of bail, in such like cases, was not a rule of universal application; case merited decision on the basis of its own facts and circumstances---Accused, prima facie, being linked with commission of the offence, was held disentitled to the concession of bail---Bail petition, was dismissed, in circumstances. Muhammad Siddique v. Imtiaz Begum and 2 others 2002 SCMR 442 and Shameel Ahmed v. The State 2009 SCMR 174 rel. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, JUSTICE:----------------- The petitioner seeks bail in case FIR No. 551 dated 1.10.2015 registered under section 489-F, P.P.C. Police Station West Cantt. Peshawar after the said relief was declined to him by the learned Additional Sessions Judge-IX, Peshawar on 1.2.2016.…

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