Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Bail, grant of---Further inquiry---Complainant had alleged that he invested with the accused-petitioner an amount of Rs. One million for business, and an agreement was executed to that effect---Later on, complainant came to know that accused-petitioner was a swindler who had already defrauded many persons, so he demanded his invested amount---On demanding the invested amount, accused-petitioner issued cheque for an amount of Rs. six lac, however the cheque was dishonored on presentation---Complainant had alleged that there were plethora of cases registered against the accused-petitioner, which led to an inference that there were exceptions to the grant of bail to the accused-petitioner being involved in cases of fraud committed with a number of persons---Validity---Admittedly, number of cases were registered against the accused-petitioner but bail had been extended to the accused-petitioner in those cases---Record showed that complainant of the case was of dubious character being involved in the case registered under S. 489-F, Penal Code, 1860 and bail had been extended to the complainant in that case---In the present case, accused-petitioner was said to have committed fraud when a cheque issued by him had been dishonored for an amount of Rs. Six lac---In case of cross claims by cheaters who exchanged cheques which had been dishonored, circumstances would bring the case of accused-petitioner within the scope of further inquiry as to who amongst the rival claimants had in fact cheated the other---Punishment for the offence did not fall within the prohibitory clause of S. 497, Cr.P.C.---Accused was allowed bail in circumstances. Muhammad Sarfaraz v. The State and others 2014 SCMR 1032 and Ghulam Mohy-ud-Din alias Haji Babu v. The State 2014 SCMR 1034 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- Muhammad Saad Naseem Petitioner herein, entrapped in case FIR No. 1086 dated 04.11.2016 charged under section 489-F, P.P.C. registered at Police Station Timergara District Dir Lower is optimistic for the grant of bail after…

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