Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 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---Plea of accused that the dishonored cheques were only issued as a security instrument/surety to settle a family dispute---Validity---Bank cheques admittedly belonged to the accused---Accused had not been able to point out, even obliquely, to any clause of contract/agreement or any portion thereof, in performance whereof, the accused purportedly stood surety---Supported by statutory presumption of being a valid instrument, a drawer could not ward off the consequences of its failure through a plea of being an unsuspecting surety---Even otherwise, within the family fold in a close degree, the accused has not been able to point out any mala fide or animosity, possibly lurking behind his arrest in a non-bailable/cognizable offence---Petition for leave to appeal was dismissed, leave was refused and accused was refused bail. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- In a family breach, the petitioner has been blamed by the complainant, no other than a close relative, to have issued him two bank cheques, to the tune of rupees one crore forty-seven lac, towards fulfillment of a financial obligation, arisen out of a botched sale transaction relating to some piece of land, bounced upon presentation; avoiding arrest for a considerable span of time, he has finally been declined judicial protection by a learned Judge-in-Chamber of Lahore High Court vide order dated 31.3.2021 to argue before us that in the absence of any subsisting financial obligation he had handed over the…

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