Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S.497 --------- Penal Code (XLV of 1860), S.489-F --------- Dishonouring of cheque --------- Bail, refusal of --------- Habitual offender --------- Accused was arrested for issuing a cheque for a sum of Rs.41,00,000/- which was dishonoured on presenting to Bank --------- Validity --------- Accused was habitual money squeezer as per allegation and had repeated offence so was connected with commission of offence --------- Case of accused had come within the exceptions despite the fact the offence did not come under the prohibitory clause --------- Accused was not entitled for concession of bail and two courts below had rightly exercised their discretion by refusing relief of bail --------- Bail was refused in circumstances. PLD 1995 SC 34 fol. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---------- The petitioner, Jamal Shah having failed to secure his release on bail from the Courts below have approached this Court for seeking the same relief in case FIR No. 479 registered on 14.04.2015 under section 489-F, P.P.C. at Police Station Hayatabad, Peshawar. 2. Brief facts of the case are that respondent No. 2/complainant Haji Tawab Sher reported the matter to the SHO Police Station Hayatabad in the shape of written application dated 14.04.2015 to the effect that accused/petitioner issued a cheque bearing No. 1049920 dated 28.02.2015 in the sum of Rs.41, 00, 000/- in lieu of outstanding amount against him. That upon presentation of aforesaid cheque to the concerned Bank for encashment of the said cheque, the same declared bounced due to insufficient balance in the Bank account of accused/petitioner. For above bouncing of cheque upon the said application aforementioned FIR No. 479 was registered. 3. Learned counsel for the petitioner argued that the case of petitioner is of further inquiry as allegations leveled in the FIR would be proved after recording of evidence as to whether business relations among the petitioner/accused and complainant existed and actually cheque was dishonestly issued and has been dishonoured. Secondly matter is pending adjudication before the learned Political Agent Khyber…

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