Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 489-F

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.489-F----Dishonouring of cheque---Pre-arrest bail, refusal of---Record did not transpire that any business relation or any dispute existed between the brothers in respect of any property; or the cheques were issued as security; or in trust and were not to be encashed until the sale of some plots---Prima facie the cheques in question were allegedly issued to the complainant in settlement of the loan---Cheque was dishonoured by the bank due to insufficient funds and not for any other reason; and if it was given in trust, then accused had failed to give any plausible reason or to disclose or inform the complainant or the bank not to encash the said cheque on the due date---Accused had also failed to show any mala fide on the part of the complainant as well as on the investigating agency---Delay in lodging the F.I.R. could be for the reason to give a last opportunity to accused for payment of the due amount---Question of lodging of F.I.R. by the attorney of the complainant, was devoid of any force, in view of settled proposition that every member of the public had a right to set the wheel of criminal prosecution in motion; and there was no embargo for any person to lodge a complaint or to be personally aggrieved---Prima facie matter did not fall within the provisions of further inquiry as contemplated under S.497(2), Cr.P. C., as the offence was complete on the dishonouring of the said cheque---Mere non-witnessing of the Iqrarnama by itself could not be considered as ground for granting bail to accused---Complainant had no mala fide intention to falsely implicate accused in the cases and prima facie accused had failed to show that the cheque was not dishonestly issued for payment of any loan or obligation---Accused having not made out a case for confirmation of the pre-arrest bail, pre-arrest bail granted to accused vide earlier order, was recalled and consequently bail application stood dismissed. Tariq Bashir and 5 others v. The State PLD 1995 SC 34, Muhammad Mukhtiar v. Sajjad Hussain and 2 others 2004 YLR 2227; Bakhtiar v. The State 2004 PCr.LJ 343; Lt. Col. (Ret) Tariq Latif v.…

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