Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail, grant of--Business transaction--Guarantee cheque--the offence does not fall under the prohibitory clause of Section 497--No prohibitory clause--post-arrest bail, grant of--There was business transaction between the parties and he issued the cheque in question as guarantee--Mere issuance of cheque does not constitute an offence under section 489-F, PPC until and unless it proves that the same is issued dishonestly or for repayment of loan or for discharging any financial obligation. Bail allowed. 2011 SCMR 1708 ref. ORDER Through this petition under Section 497, Cr.P.C., the petitioner Muhammad Nawaz seeks post-arrest bail in case FIR No. 993/2019, dated 16.12.2019, offence under Section 489-F, PPC, registered with the Police Station Gaggo, District Vehari. 2. As per narration of crime report got lodged by Shahbaz Khan complainant, the allegation against the petitioner is that he purchased rice from the complainant and for payment of price of rice he issued cheque in question in favour of the complainant, which was bounced when presented in the bank for encashment. 3. Heard and perused. 4. It divulges from record that as per version of the petitioner there was business transaction between the parties and he issued the cheque in question as guarantee. As per narration of crime report, it is also depicts that the petitioner purchased rice from the complainant and in lieu thereof issued the cheque in question. In the attending circumstances, the actual controversy between the parties would be resolved by the trial Court after recording the evidence. The offence with which the petitioner is charged is punishable with three years R.I. or with fine and it does not fall under the prohibitory clause of Section 497, Cr.P.C. Thus keeping in view the law laid down in the cases of Riaz…

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