Law: Penal Code (XLV of 1860)

Section: 489F

(a) Penal Code (XLV of 1860)-------S. 489-F---Dishonouring of cheque--Criminal proceedings, initiation of---Pre-conditions.If following conditions are fulfilled and proved by prosecution, only then provisions of S.489-F, P.P.C. are attracted:(i) issuance of cheque;(ii) such issuance was with dishonest intention;(iii) the purpose of issuance of cheque should be:(a) to re-pay a loan; or(b) to fulfil an obligation (which in a wide term inter alia applicable to lawful agreements, contracts, services, promises by which one is bound or an act which binds a person to some performance).(iv) on presentation, the cheque is dishonoured. (b) Penal Code (XLV of 1860)-------S. 489-F---Dishonouring of cheque---Valid defence.Accused can take a valid defence, if he proves that he had made arrangements with his bank to ensure that cheque would be honoured; and that the bank was at fault in dishonouring the cheque. If accused establishes such two facts through tangible evidence and that too after prosecution proves ingredients of offence, then the accused is absolved from punishment. (c) Penal Code (XLV of 1860)-------S. 489-F---Reappraisal of evidence---Dishonouring of cheque---Scope---Steeling of cheque---Insufficient balance---Accused did not dispute his signatures on the cheque in question---Plea raised by accused was that his signed cheque was stolen from his cheque book---Validity---It was against natural conduct that a person would keep blank signed cheque in his cheque book---Defence witness stated that when accused filed application for stopping of payment of cheque in question, at that time accused had only a balance of Rs.300, in his account; in the application to stop payment of cheque, accused did not take the plea that his cheque book was stolen or that a cheque from the cheque book was missing---Supreme Court declined to interfere in concurrent findings of courts below resultantly conviction and sentence was maintained---Appeal was dismissed. JUDGMENT RAHMAT HUSSAIN FAFFERI, J.--- On 21-3-2005 at 8-50 a.m. the complainant Noor Muhammad lodged the F.I.R. at Police Station Kotwali, Faisalabad alleging therein that there was a business dealing…