Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Code of Criminal Procedure (CrPC), 1898

Section: 497(2), 512 & 173

(a)    Penal Code (XLV of 1860)-------S. 489-F---Dishonestly issuing a cheque---Scope---Section 489-F, Penal Code, 1860 (P.P.C.), was brought on the statute for the purpose of awarding punishment to the person, who issues the cheque dishonestly for repayment of a loan or fulfillment, of an "obligation", which is dishonoured on presentation---For invoking section: 489-F, P.P.C., mere issuance of cheque or its dishonouring is not sufficient rather first of all it will have to be proved as a "must" that cheque was issued for repayment of loan or fulfilment of obligation, meaning thereby that there must be material available on the record to show loan or obligation.(b)    Criminal Procedure Code ( V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Post arrest bail, grant of---Further inquiry---Record revealed that though it was mentioned in the FIR that complainant had to take amount (Rs 32,00,000/-) from the petitioner/accused yet during entire investigation of the case, it had not come on the record that when, before whom and for which reason as well as for what purpose, said amount was given by the complainant to the petitioner and how it was due to complainant from him( petitioner), therefore, applicability of S.489-F P.P.C. in the present case itself requires further probe/inquiry within the purview of subsection (2) of S.497, Cr.P.C---Bail was granted to the accused, in circumstances.(c)    Criminal Procedure Code ( V of 1898)-------S. 497---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque--Post arrest bail, grant of---Section 489-F, P.P.C., is not brought on the statute for using the same as a tool for recovery of the amount, rather for the purpose of awarding punishment to the person, who issues the cheque dishonestly for payment of a loan or fulfilment of an "obligation", which is dishonoured on presentation---Although cheque involving huge amount had been dishonoured in the present case yet punishment for the offence under S.489-F, P.P.C., is three years, or fine, or both and of course said punishment does not fall within theambit of…

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