Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Pre-arrest bail--Grant of--Delay in registration of FIR is not always fatal for the prosecution--The executants of a promissory note cannot avoid personal liability on the ground that words were added to his signature which indicate that he was acting as an agent or in a representative character--The promissory note had the firm’s rubber stamp and even otherwise there was evidence that the appellant had the mandate to transact business on its behalf, including operation of the bank account--“Dishonestly” in the context of Section 489-F, PPC means a fraudulent act or intent to defraud others, especially the creditors--Application is allowed-- Petitioner is admitted to bail. [Pp. 1084, 1085, 1086 1090] A, B, C D 2010 CLC 1345; 2007 YLR 1378; 2014 YLR 882; 2013 PCr.LJ 175; PLD 2021 SC 708; 2001 Cr.LJ 3120; 2017 GLH (2) 87 ref. ORDER Through this application the Petitioner, Waqar Hussain Bhatti, seeks pre-arrest bail in case FIR No. 171/2021 dated 15.02.2021 registered at Police Station Gulshan-e-Ravi, District Lahore, for an offence under Section 489-F of the Pakistan Penal Code, 1860 (‘PPC’). 2. Briefly, the prosecution case is that in February, 2017, M.B. Dyes ChemicalsSilk Industries (Private) Limited (the ‘Company’) sold chemicals worth Rs. 834,250/- to MOD Paints. The price was payable in instalments so the Petitioner issued the Company seven cheques of different amounts but all of them were dishonoured. 3. The learned counsel for the Petitioner contended that, firstly, the Company had lodged the FIR with a delay of about four years without giving any explanation. According to him, the said delay made the prosecution case highly doubtful. Secondly, MOD Paints was a proprietary concern owned, managed and controlled by Mumtaz Hussain Bhatti. The Petitioner was an employee of the said Mumtaz and he had given him a mandate to operate his bank account. He could not be held liable for dishonor of the cheques as he was merely his agent. Thirdly, Mumtaz had paid the entire amount due against the cheques in question to the Company and nothing was outstanding. He had…

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