Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 109,408,420,467,489-F

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860 ), Ss. 489-F, 420, 467, 408 & 109---Dishonestly issuing cheque, cheating, forgery, criminal breach of trust, abetment of offence; if abettor was present when offence was committed---Post arrest bail, refusal of---Admission of accused---Effect---Petitioner incharge of (warehouse of a fertilizer company), in connivance with co-accused, was allegedly involved in misappropriation of fertilizer and for repayment he issued 10 cheques to the tune of Rs. 9,50,00,000/- but the same were dishonored on presentation to the Bank---Complainant/company contended that huge amount worth Rs. 14,10,00,000/- was involved and the petitioner had admitted the claim of the company by tendering an affidavit---Petitioner was working in the Company as In-charge Warehouse/Godown and he not only committed criminal breach of trust through cheating/fraud by misappropriating fertilizer worth Rs. 14,10,00,000/- but he had also admitted the claim of the Company/complainant by furnishing an affidavit and issuing 10 cheques amounting to Rs. 9,50,00,000/- to the complainant---Said cheques were dishonoured on presentation for insufficient funds in the account---Huge amount being involved, which had been misappropriated through cheating/fraud, High Court declined bail to the accused. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, C.J.--- Petitioner, Muhammad Yaseen son of Sher Nawaz, seeks bail in case FIR No. 308 dated 25.04.2018 under Sections 420/467/109/489-F/408, P.P.C. registered at Police Station Par Hoti, Mardan, He has been refused bail by the learned Additional Sessions Judge-IV, Mardan vide order dated 06.06.2018; hence, the instant petition for the same purpose. 2. Brief facts of the case, as per record available are that complainant Umar Waqas Shams, Assistant Channel Manager Fatima Fertilizer Company Limited submitted a written report to the local police for legal action against the petitioner (Warehouse Incharge), co-accused Muhammad Nauman (District Sales Manager) and others wherein he alleged that…

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