Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 489F

Criminal Procedure Code (V of 1898) S.498Penal Code (XLV of 1860), S.489FDishonestly issuing a chequeInterim prearrest bail, confirmation ofFurther inquiryCheque which was encashed and the cheque for which F.I.R. was cancelled were successive in numbers, as such said fact created doubt and fortified the plea of duress and police pressure regarding issuance of cheque of present F.I.RPlea of malice and ulterior motive raised on behalf of the accused bore the weight besides the case against the accused required further probeCase of prearrest bail was made out in favour of the accused, as such the interim order was confirmed, in circumstances. ORDER FAHIM AHMED SIDDIQUI, J. The applicant is seeking prearrest bail in a case registered against him at Police Station Samanabad through F.I.R. No. 69/2019 under Section 489F, P.P.C. The applicant was successful in getting prearrest bail vide Order dated 08072018 after rejection of similar plea from the Additional Sessions JudgeII; Karachi Central vide order dated 0607 2019. 2. Today, the learned counsel for the applicant has filed statement along with certain documentsviz. Cclass approval order dated 23072019, chargesheet No. 40/2019 dated 23052019, copy of cheque No.10881922 dated 15082018 and of Cheque No. 10881921 dated 10062018, which is taken on record and copies thereof supplied the learned counsel for the complainant and learned AGP. 3. The learned advocates for the applicant and complainant as well as learned APG argued the matter at length. I have heard their submissions intently and perused the record and citations carefully. From whatever argued and placed before me, I have observed as under: (a) The allegations against the applicant are that he has given two cheques amounting to Rs.10,00,000/ and 15,00,000/ to the complainant on behalf of his younger brother from whom complainant was demanding Rs.33,00,000/ in connection with some property dealing. The cheque amounting to Rs.10,00,000/ was encashed but the other cheque could not be encashed; hence FIR was lodged. (b) The complainant also alleged that the brother of the applicant namely Syed Iftikhar Haider, who is a state agent, has deceitfully taken…

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