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, grant of---Further inquiry---Circumstances suggesting honest intention while issuing cheque---Effect---Accused was alleged to have dishonestly issued a cheque which was dishonoured on its presentation to the Bank---Transactions between accused and complainant revealed that a regular and smooth business relationship existed between the parties---Accused had been paying due amounts to the complainant---Dishonest intention of the accused at the time of issuance of subject cheque, in the peculiar circumstances of the case, was a question that required determination by the Trial Court after recording of evidence---Case of accused was one of further inquiry---Offence alleged against the accused did not fall within the prohibitory clause of S. 497, Cr.P.C.---Accused was admitted to post-arrest bail, in circumstances. ORDER SYED SHAHBAZ ALI RIZVI, JUSTICE:---.--- Bilal Moeen Butt alias Bilal Hussain Butt, petitioner seeks post arrest bail in case FIR No.932 dated 13.07.2021 registered for offence under section 489-F, P.P.C. at Police Station Mozang District Lahore. 2. The allegation against the petitioner is that he issued a cheque amounting to Rs.32,88,535/- to the complainant which was dishonoured by the concerned bank on its presentation. 3. Arguments heard. Record perused. 4. According to the contents of the crime report, the total liability of the petitioner was Rs.95,00,000/- against which Rs.62,11,465/- were admittedly paid by him to the complainant when he issued the subject cheque for the payment of remaining smaller amount of Rs.32,88,535/- that stands returned. Similarly, during the arguments, learned counsel appearing on behalf of the complainant responding the argument furnished by learned counsel for the petitioner to the effect that according to petitioners bank statement, he has already paid the amount more than Rs.95,00,000/- to the complainant, admits that the petitioner was having regular business with the complainant and during the same out of Rs.2,36,94,499/-, he paid…

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