Law: Criminal Procedure Code (V of 1898)

Section: 22A,161,497(1)(2),498

Law: Pakistan Penal Code, 1860

Section: 420,468,471,489-F

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 489-F, 420, 468& 471---Dishonestly issuing a cheque, cheating, forgery for the purpose of cheating, using as genuine a forged document which is known to be forged---Ad-interim pre-arrest bail, confirmation of---Offence not falling within the prohibitory clause of S. 497(1), Cr.P.C.---Scope---Cheque to the tune of Rs. 45,00,000/- was dishonored , which was issued by the petitioner in connection with business and employment but letters of employment were found to be forged and fabricated---On submission of challan before the concerned Magistrate, Ss. 468 & 471, P.P.C. were also added for the reasons that petitioner was found involved in the case of forgery for the purpose of cheating under S. 468, P.P.C. and using fake and forged documents as genuine, punishable under S. 471, P.P.C.---Magistrate had taken cognizance against the petitioner under said sections---Petitioner had not challenged the order of Magistrate, however, the case of the petitioner did not fall within the prohibitory clause of S. 497(1), Cr.P.C. as offences under Ss. 420 & 471, P.P.C. were bailable and offence under S. 489-F, P.P.C. required evidence to prove the basic ingredients of the section i.e. issuance of cheque dishonestly and intentionally---Offence under S. 489-F, P.P.C. entailed punishment for three years, however, said offence did not fall within the prohibitory clause of S. 497(1), Cr.P.C.---Record also showed that the statement of the complainant had already been recorded by the Trial Court and it was to be proved at trial whether cheque was issued with dishonest intention, therefore, the matter required further inquiry---Ad-interim pre-arrest bail already granted to the petitioner was confirmed, in circumstances. 2013 SCMR 51; PLD 2016 SC 171; 2017 YLR Note 72; 2017 MLD 100 and PLD 2005 Lah. 607 ref. THIS ORDER PASSED BY: MRS. KAUSAR SULTANA HUSSAIN, J.--- On dismissal of bail Application No. 93 of 2016, by the trial Court, vide order dated 25.03.2016, the applicant Shaikh Noor Muhammad has approached this Court, by filing instant bail application under Section 498, Cr.P.C, for interim…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492