Law: Pakistan Penal Code, 1860

Section: 489F

Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 561A,154

(a) Penal Code (XLV of 1860)--- ----S. 489-F---Criminal Procedure Code (V of 1898), Ss. 561-A & 154---Constitution of Pakistan, Art. 199---Dishonestly issuing a cheque---Constitutional petition---Quashing of proceedings---"Dishonest issuance" of a cheque---Scope---Undated cheque issued with the mutual agreement that it would not be presented to any bank without written consent of drawer (i.e. issuer of cheque)---Effect---Accused had issued ten undated cheques to complainant-company, and each cheque contained an endorsement on its back stating that it was mutually agreed that the company would not present it to any bank without written consent of accused---Complainant-company, without written consent of accused, presented two of the cheques before a bank and got them dishonoured---F.I.R. under S.489-F, P.P.C was lodged against accused---Plea of accused that cheques were issued with a clear understanding that they would not be presented unless consent in writing was obtained from him, therefore, neither there was any dishonesty on his part nor ingredients of S.489-F, P.P.C were attracted, thus, F.I.R. was a result of mala fide of complainant-company---Validity---Undated cheques were admittedly issued by accused on different dates with the condition that they should not be presented without his written consent, which condition was accepted by complainant-company without any objection, therefore, presentation of cheques without obtaining written consent of accused was totally unauthorized and would not bring such presentation within the mischief of "dishonest issuance" as the cheques were not issued by accused for payment---No successful prosecution of accused was possible even if the allegations in the F.I.R. were not rebutted, therefore, present criminal proceedings were nothing but an abuse of process of the court---Proceeding emanating from F.I.R. under S.489-F, P.P.C were quashed in circumstances---Constitutional petition was allowed accordingly. (b) Penal Code (XLV of 1860)--- ----S.489-F---Offence of dishonestly issuing a cheque---Pre-requisites---Basic ingredients of S.489-F, P.P.C were the "dishonest issuance of a cheque" towards repayment of a loan or…

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