| Citation(s) |
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| 2025 SLG 5195 2025 SLD 5195 = 2025 SHC 2585 |
Criminal Bail Application No. 1197 of 2025
MUHAMMAD HASAN (AKBER), J.
Mr. S. Sikandar, Advocate holding brief for Mr. Muhammad Ayub, Advocate for the Applicant. Applicant is present on bail. Mr. Mushtaq Ahmed, Advocate for the Complainant alongwith one of the Directors namely Saqib Malik. Ms. Seema Zaidi, Addl. P.G. Date of Hearing: 09.09.2025 Date of Reasons: 23.09.2025
AZMAT HUSSAIN SIDDIQUI S/O SHARAFAT HUSSAIN SIDDIQ V/S THE STATE Sindh High Court, Karachi
Law: Pakistan Penal Code (PPC),1860
Section: 489-F
Law: Code Of Civil Procedure, 1908.
Section: 497,498,ORDER XXXVII
Summary
This is a pre-arrest bail case arising from an FIR under Section 489-F PPC (dishonour of cheque). The complainant alleged that the applicant issued a cheque of Rs. 65,00,000/- which was dishonoured. The applicant argued that the matter arose from a business/investment relationship, not a loan, and that the cheque was misused. The Court found that documentary evidence (investment deed, sale deed, pending civil suit, absence of board resolution) created serious doubt about dishonest intent. Since the dispute appeared civil in nature, involved contractual obligations, and required further inquiry, the Court confirmed pre-arrest bail, noting that Section 489-F does not fall under the prohibitory clause of Section 497 Cr.P.C.
Sections Used
Section 489-F PPC – Dishonour of cheque
Section 497 Cr.P.C. – Bail (prohibitory clause)