Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 489-F

Criminal Procedure Code (V of 1898)---.--- ---.---S. 498---.---Penal Code (XLV of 1860), S. 489-F---.---Dishonestly issuing a cheque---.---Pre-arrest bail, refusal of---.---Accused had issued a cheque in favour of complainant amounting to Rs. 12,00,000/- which had been dishonoured by the Bank due to non-arrangement of funds---.---Civil suit for rendition of accounts apparently had been instituted by the accused against the complainant in order to avoid the initiation of criminal proceedings by the complainant---.---Both the criminal and civil proceedings could run side by side and the accused, if guilty of an offence under section 489-F, P.P.C., could not be saved from being prosecuted merely because of pendency of civil proceedings---.---Deeper appreciation of material on record could not be done while deciding the pre-arrest bail petition---.---Prima facie, the complainant had no mala fida intention for false implication of accused in the case---.---Section 489-F,' P.P.C. had been inserted in the Penal Code with a view to curb the tendency of issuing cheques with dishonest intention to defraud the payee---.---Need of recording evidence to establish dishonest intention was not relevant for disposal of a pre-arrest bail petition---.---Accused was not entitled to the extraordinary concession of pre-arrest bail---.---Petition was dismissed accordingly. 2004 YLR 2748 and PLD 2009 Lah 401 ref. THIS ORDER PASSED BY: SH. AHMAD FAROOQ, JUSTICE:---.--- The petitioner seeks his pre-arrest bail in a case arising out of F.I.R. No. 217 of 2010, dated 4-3-2010, registered in Police Station Civil Lines, Lahore, under section 489-F, P.P.C. 2. Succinctly, the allegations against the petitioner, which were levelled by the complainant, Javaid Tahir, in the F.I.R., are that the accused/Pervaiz Masih obtained a loan of Rs.12,00,000/- from him on 23-1-2009 in the presence of the witnesses namely Nadeem Aqeel Gull and Moris Javaid and for repayment of the said loan, he issued a Cheque bearing No. CD-1213385; dated 15-2-2009, amounting to Rs.12,00,000 which was dishonoured by the concerned Bank on 9-4-2009 on its presentation for encashment due to insufficient funds. However, the…

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