Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Suit for rendition of accounts--Delay in FIR--Repayment of loan--Dishonour of cheque--Pre-arrest bail--Confirmation of--Petitioner purchased iron worth Rs.47,00,000/- from the complainant and gave two cheques amounting to Rs.5,00,000/- each to him--Petitioner has placed on record a copy of the suit for rendition of accounts--Parties were probably running a business and the cheques were given as a surety and the same were not meant for encashment--Cheques in question are of the year 2019 and according to the crime report the same were dishonoured in the year 2019--Why the complainant kept quite for three years and did not lodge the FIR on time-- Whether the cheques were 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--The offence does not fall within the prohibitory clause of section 497 Cr.P.C--Grant of bail in the offences not falling within the prohibitory clause is a rule and refusal is an exception--The investigation is complete and the petitioner is no more required for further investigation--The petitioner has made out a prima facie case for grant of pre-arrest bail--Confirm the ad interim pre-arrest bail granted to the petitioner by Supreme Court. PLJ 1995 SC 477; PLD 2009 SC 53 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 01.03.2023 passed by the learned Lahore High Court, Lahore, with a prayer to grant pre-arrest bail in case registered vide FIR No. 3420/2022 dated 21.10.2022 under Section 489-F, PPC at Police Station Shadbagh, District Lahore, in the interest of safe administration of criminal justice. 2. Briefly stated the allegation against the petitioner is that he bought iron worth Rs. 47,00,000/- from the complainant for which he gave two cheques amounting to Rs. 500,000/- each to the complainant. However, when the cheques were presented to the Bank,…

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