Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 489-F---Dishonour of cheque---Bail, refusal of---Accused admittedly had issued cheque to complainant which was dishonoured for the reason of insufficient funds available in the account which, prima facie, established that accused had no intention to pay the amount to complainant---Act of accused amounted to financial murder of complainant---Accused was habitual offender of issuing cheques and defrauding people---Alleged offence though did not fall within prohibitory clause of S. 497, Cr.P.C. but that alone could not hold accused entitled to concession of bail---Bail was refused accordingly. Muhammad Siddique v. Imtiaz Begum and 2 others 2002 SCMR 442; Shameel Ahmad v. The State 2009 SCMR 174 and Muhammad Imran v. The State and another 2012 YLR 2748 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD AYUB KHAN, JUSTICE:---.--- Having failed to get the concession of bail from the Courts of learned Judicial Magistrate-II, D.I.Khan and learned Additional Sessions Judge-I, D.I.Khan vide orders dated 12.4.2017 and 19.4.2017 respectively, accused/ petitioner Faheem Ullah has filed the instant petition for the same relief in case FIR No. 308 dated 05.4.2017 registered under Section 489-F, P.P.C. at Police Station Cantt, D.I.Khan. 2. As per contents of FIR, complainant Muhammad Noor submitted an application dated 29.3.2017, to the District Police Officer, D.I.Khan to the effect that the accused/petitioner obtained Rs.2,18,00,000/- from him for the purpose of business of medicine and in this regard on 26.7.2016, he issued two cheques i.e. one cheque bearing No. 34414728 amounting to Rs.1,18,00,000/- and other cheque bearing No. 34414729 amounting to Rs.10000000/- of Habib Bank Ltd. Circular Road Branch, D.I.Khan for encashment on 25.3.2017 and also scribed an Iqrar Nama dated 26.7.2016 in favour of complainant in presence of witnesses namely Muhammad Ramzan and Din Muhammad. On 28.3.2017, the complainant submitted cheque No. 34414729 worth Rs.100,00,000/- in his account at United Bank Ltd. Circular Road Branch, D.I.Khan for transfer of amount from the account of accused/petitioner but it was…

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