Law: Constitution of Pakistan, 1973

Section: 199

Law: Penal Code (XLV of 1860)

Section: 489-F

Law: Criminal Procedure Code (V of 1898)

Section: 22-A(6)(iii),22-B

Constitution of Pakistan, 1973--

----Art. 199--Pakistan Penal Code, (XLV of 1860), S. 489-F--Criminal Procedure Code, (V of 1898), S. 22-A(6)(iii) 22-B--Cheque was dishonoured--Application for registration of case--Accepted--Challenge to--Out dated cheque--Validity--It evinces that a cheque or a negotiable instrument, presented after six months of its due date is generally termed as stale cheque and as per banking practice, bank is not obliged to honour it unless instructed by account holder--It is observed that Cheque in question is Respondent No. 3 presented it to concerned bank on 29.3.2018, i.e. after one year, five months and 28 days--It was thus patently out of--Respondent No. 3 knew fully well that it would not be encased yet he presented it merely to bring case against Petitioner under Section 489-F PPC--In Shafqat Hussain Hashmis case, a, Court held this contrivance malicious--Insertion of Section 22-A(iii) was no meant to necessary allow every such application else fature would not have used word ˜may in subsection (6) when (word may) always speaks ofdiscretion1 by application of mine.

[Pp. 203 206] C, E F

Negotiable Instruments Act, 1881--

----S. 84(1)(2)--Dishonoured of cheque--Time for encashment of cheque--Foundational elements to constitute offence under this 489-F are as under:

(i)    the cheque was duly issued,

(ii)   it was issued with dishonest intent,

(iii)   it was issued towards repayment of a loan or fulfillment of an obligation, and

(iv)   it was dishonoured on presentation.

Absence of even one of these elements would take case out of ambit of Section 489-F PPC--A cheque presented for encashment before a bank, beyond period of six months of its due date is generally regarded as stale cheque--While looking for usage of trade and of bankers.       [Pp. 202] A B

1994 MLD 271, 2012, MLD 1551 and 2005 CLC 797.

Negotiable Instruments Act, 1881--

----S. 137--Pakistan Penal Code, (XLV of 1860), S. 489-F--Dishonor of cheque--Validity--No doubt Section 138 of Indian Negotiable Instruments Act, 1881, is distinguishable from Section 489-F PPC in many ways but it has two important aspects: first, it gives statutory recognition to concept of stale cheque and, secondly, it emphasizes that cheque must be valid at time of presentation.

[P. 205] D

2000 Cri.LJ 1152, 2000(4) ICC 228.

Judgment

Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the following prayer has been made:

“It is therefore, most respectfully prayed that the impugned order dated 06.8.2018 passed by the learned Justice of Peace may very kindly be declared illegal, the same be set aside and inconsequence of the same, the petition for registration of the case filed by Respondent No. 3 may very kindly be dismissed, to meet with the ends of justice.”

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