Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497(2)--Pakistan Penal Code, (XLV of 1860), S. 489-F--Repayment of loan or fulfillment of an obligation--No prohibitory clause--Post Arrest bail--Grant of--Petitioner was tenant of the complainant and allegedly did not pay rent for the period of one and half year--When the complainant demanded rent from the petitioner, he issued him a cheque amounting to Rs.16,50,000/- but the same was dishonoured on presentation to the Bank--Prima facie any claim for recovery of rent falls within the domain of Rent Controller--Question whether the cheque was issued towards repayment of loan or fulfillment of an obligation within the meaning of Section 489-F PPC is a question, which would be resolved by the Trial Court after recording of evidence--Section 489-F PPC is three years and the same does not fall within the prohibitory clause of Section 497 Cr.P.C.--Case of the petitioner squarely falls within the ambit of Section 497(2) Cr.P.C entitling for further inquiry into his guilt--Court convert this petition into appeal, allow it and set aside the impugned order. The petitioner is admitted to bail. PLD 1995 SC 34; PLD 1990 SC 934; 1997 SCMR 412; 2021 SCMR 1227; 2022 SCMR 1467 ref. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.--Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the order dated 11.05.2023 passed by the learned Lahore High Court, Lahore, with a prayer to grant post-arrest bail in case registered vide FIR No. 1155 dated 22.10.2021 under Section 489-F, PPC at Police Station Samanabad, District Lahore, in the interest of safe administration of criminal justice. 2. Briefly stated the prosecution story as narrated in the crime report is that the petitioner was tenant of the complainant and did not pay rent for the period of one and half year. When the complainant demanded rent from the petitioner, he issued him a cheque amounting to Rs. 16,50,000/-but the same was dishonoured on presentation to the Bank. 3. At the very outset, it has been argued by learned counsel for the petitioner that the petitioner has been falsely roped in this…

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