Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Bail, refusal of---Cheque as a security---Effect---Cheque was dishonored---Petitioner contended that the cheque in question was given as security for joint business and not for repayment of any financial obligation---Validity---Besides main ingredients of S. 489-F, P.P.C., issuance of cheque by itself carried an implied impression that the same was towards repayment of loan or fulfilling an obligation unless there was some other agreed condition for encashment of cheque---Cheque, even if unconditional, enjoyed the status of 'negotiable instrument', hence normally the holder thereof felt guarantee of its encashment on presentation---When a cheque (unconditional one) was bounced prima facie presumption would be that the same was for repayment of loan or for fulfillment of some obligation---Petitioner had not denied issuance of the cheque as well as the dishonour, but claimed that the same was issued as 'security' but no such proof in shape of document or fact had been placed on record---Claim of engagement in joint business alone, in absence of some prima facie proof/material , would not be sole ground to get bail for an offence which was aimed to protect ordinary innocent person---Prima facie, the provision of S. 489-F, P.P.C. was attracted to the present case---Petitioner, admittedly, had been convicted in similar case, which suggested that he was habitual in exploiting the implied presumption attached with a cheque---Such fact, prima facie, was in favour of the prosecution---Delay in lodging of the FIR had occurred as the petitioner had engaged complainant in negotiations---Offence not attracting the prohibitory clause of S. 497, Cr.P.C. could not per se made the petitioner entitled to the concession of bail---Grant of bail in such like cases was not a rule of universal application as each case merited decision on the basis of its own facts and circumstances---Deeper appreciation at bail stage was not required and in the light of tentative assessment, petitioner had not made out a case for the concession of bail---Bail was refused to the…

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