| Citation(s) |
|---|
| 2016 SLG 1571 2016 SLD 1571 2016 PLJ 241 |
Crl. Misc. No. 3120-B of 2015, decided on 24.8.2015. Date of hearing: 24.8.2015.
CH. MUSHTAQ AHMAD, J.
Mr. Muhammad Bilal Butt, Advocate for Petitioner. Ch. Ahmad Raza, APG for State. Ch. Daud Ahmad Wains, Advocate for Complainant.
SAJJAD AHMAD WASEEM
VS
STATE & another--Respondents
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail before arrest, dismissal of--Cheque was issued for repayment of amount--Huge amount was involved--Commission of alleged offence--Validity--Foundational elements to constitute offence u/Section 489-F, PPC were that cheque would be issued with dishonest intent that cheque would be issued towards repayment of loan or fulfillment of an obligation and that cheque would be dishonoured--For repayment of amount cheque was issued which on being presented before bank authorities was dishonoured--Investigation was yet to be completed and no mala fide on part of complainant or police was pointed out--Case of pre-arrest bail was therefore, not made out--Bail was dismissed. ORDER Petitioner Sajjad Ahmad Waseem seeks pre-arrest bail in case FIR No. 235/2015 dated 17.04.2015 under Section 489-F, PPC, registered at Police Station Muzaffarabad, District Multan. 2. Allegation against the petitioner is that he issued a cheque for payment of Rs. 60,00,000/- which being on presentation was dishonoured by the bank authorities. 3. Heard. Perused. 4. Record reveals that during investigation, it came to light that present petitioner had issued cheque for repayment of the amount which he had received from the complainant in presence of two witnesses mentioned in the FIR. In his petition, petitioner has also stated that cheques were issued by him to the complainant but according to his version, the same were given as security during business deal with the complainant. Huge amount is involved in the case and the I.O has also stated before the Court that during investigation, petitioner was found involved in the commission of alleged offence. Learned counsel for the petitioner, during arguments referred to case…
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