Case Details

Citation(s)
2018 SLG 1964 2018 SLD 1964 2018 PLJ 532
Lahore High Court
Crl. Misc. No. 5562-B of 2017, decision & hearing Dated: 15.02.2018.
CH. ABDUL AZIZ, JUSTICE
Khawaja Qaiser Butt, Advocate with Petitioner. Syed Nadeem Haider Rizvi, DDPP for State.

ALTAFUR-REHMAN

VS

STATE AND ANOTHER

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail before arrest--Confirmed--Dishonoured of cheque--Cheque was issued in year 2011 towards settlement of dispute, none of two cheques bear date of presentation--Cheque be produced before bank for encashment within reasonable time--Cheque presented beyond period of six months of its due date, bank and account holder is not obliged to honour it and no proceedings can be initiated thereon--Delay of 5 1/2 years in registration of case--Bail allowed. Anwaar Masood Khan v. The State PLJ 2017 Cr.C. (Lah.) 904 & Shafaqat Hussain Hashmi vs. The State 2012 MLD 1551, ref. Negotiable Instrument Act, 1881 ( of 1881)-- ----S. 84--Cheque is regarded as negotiable instrument and according to Section 84(1) of Act, it is to be produced before a bank for encashment within a reasonable time--Reasonable time is to be counted from date mentioned on cheque in question--If cheque is presented beyond six months of due date, bank and account holder is not obliged to honour it and no legal proceedings can be initiated thereon. THIS ORDER PASSED BY: CH. ABDUL AZIZ, JUSTICE---.--- This is an application for bail before arrest on behalf of petitioner in case FIR No. 147, dated 08.3.2017, offence under Section 489-F, PPC, registered with Police StationChehlyak, District Multan. 2. Precisely stated the case of the prosecution as unfolded from the crime report is to the effect that Food Department, Government of Punjab entrusted wheat weighing 394.540 metric ton to petitioner, which was misappropriated by him; that in order to pay price of usurped wheat, the petitioner issued two cheques for amounts of R.s.98,61,850/- and 2,76,463/-, which on presentation before the concerned bank were dishonoured. 3. Learned counsel for the petitioner contends that petitioner is innocent and has falsely been implicated in the instant case; that though the cheques were dishonoured in the year 2011, however, the instant case was registered six years thereafter; that admittedly, none of the two cheques bears date; that regarding the same subject matter, already a case stands registered vide FIR No.…
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