Law: Pakistan Penal Code, 1860

Section: 489-F

JUDGMENT           Syed Hasan Azhar Rizvi, J.Through the present petition, the petitioner seeks leave to appeal against the order of Lahore High Court, Lahore, dated 29.01.2024, (Impugned Order) whereby the pre-arrest bail has been declined to him in FIR No.1002 dated 17.10.2023 registered under Section 489-F PPC at the Police Station City Sargodha.  2. According to the gist of the aforesaid FIR lodged by Muhammad Pervaiz Ali Hassan (complainant), on 08.06.2023  the brother-in-law of the complainant purchased the property from the accused through the complainant. The complainant in this  regard made a payment of Rs. 20,00,000/- to the petitioner in the presence of witnesses and in return, the petitioner/accused Muhammad Anwar issued a cheque bearing number 02559350 of his account before the witnesses in favour of the complainant. That on the petitioner's demand, the complainant also gave him Rs.2,00,000/-.  Subsequently, the petitioner failed to complete the transaction therefore the complainant demanded back his amount and compensation. On the specified date, complainant deposited the cheque in question in the account for its encashment but the same was dishonoured due to a dormant account.   3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the case with mala fide intention and ulterior motives; that the petitioner sold the house to the brother-in-law of the complainant namely Attique and the cheque in question has been given as a guarantee and this fact has already been mentioned in the agreement; that the complainant has no nexus whatsoever with the petitioner; that the petitioner has already instituted a civil suit regarding the agreement in question before the civil court as he is the owner and in possession of the plot in question as per the said agreement and the complainant has registered a false and frivolous case against accused.  4. The learned law officer assisted by the learned counsel for the complainant vehemently opposed the contentions raised by learned counsel for the petitioner. They contend…

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