| Citation(s) |
|---|
| 2018 SLG 1953 2018 SLD 1953 2018 PLJ 485 |
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.
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, ETC.
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail before arrest--Confirmed--Issuance of cheques which were dishonoured--Case was registered after six years--None ofcheques bears date--Same subject matter already a case u/S. 406, PPC was registered, which is pending for adjudication and five PW have been recorded--Cheque is to be presented within period of six months, if a cheque is presented beyond period of six months, of its due date, the bank and account holder is not abliged to honour it and no legal proceedings can be initiated thereupon which reflects mala fide and ulterior motives--Pre-arrest bail was confirmed. Negotiable Instrument Act, 1881 (XXVI of 1881)-- ----S. 84(1)--Cheque to be produced before bank for encashment within a reasonable time, which will be counted from date mentioned on cheque--If a cheuqe is presented beyond period of six months of its due date, bank and the account holder is not obliged to honour it and no proceedings can be initiated thereupon. Shafaqat Hussain Hashmi vs. The State 2012 MLD 1551 & Anwaar Masood Khan v. The State PLJ 2017 Cr.C. (Lah.) 904, ref. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Mala fide and ulterior motive of complainant, which has persuaded the count not to deprive petitioner from his liberty by sending him behind bras on sole pretext of limited scope of pre-arrest bail. 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 Rs.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…
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