Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque--Pre-arrest bail, confirmation of---Allegation against accused was that a cheque of Rs.5,50,000 given by him, was dishonoured on its presentation---Contention of accused was that the matter was referred to Traders Welfare Association with consent of the parties, which after deliberations, decided that a sum of Rs.3,10,000 was due from him to the complainant, which was paid by accused; vide receipt and nothing was due, but the cheque was not returned by the complainant with ulterior motive---Counsel for accused had referred to the proceedings conducted by the arbitrators; and the receipt issued by the complainant---Amount payable under the cheque, in circumstances, was no more due and no dishonesty was committed by accused---Contention of accused that he had been involved in the false case due to malice, was not without weight and could not be ruled out---Ad interim pre-arrest bail granted to accused was confirmed, in circumstances. THIS ORDER PASSED BY: RAUF AHMAD SHEIKH, J.--- The petitioner seeks pre-arrest bail in case F.I.R. No.149, dated 19-3-2010 under section 489-F, Police Station, Shalimar, Islamabad. The allegation against him is that he gave a cheque of Rs.5,50,000 which was drawn on Muslim Commercial Bank, G-1I Markaz, Islamabad on account of price of furniture and fixtures installed in a shop got on rent by him through the complainant and the same was dishonoured on its presentation. 2. The learned counsel for the petitioner contends that the matter was referred for arbitration to the Traders Welfare Association with consent of the parties, which after deliberations decided that a sum of Rs.3,10,000 was due from the petitioner to the complainant which was paid vide receipt and nothing was due but the cheque was not returned by the complainant with ulterior…

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