Syed HASNAIN HAIDER vs State S — 2021 SCMR 1466 SUPREME-COURT

Case information

Citation: 2021 SCMR 1466 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: Syed HASNAIN HAIDER vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 489-F---D; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed HASNAIN HAIDER VS State S. 497---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Bail, refusal of---Plea of accused that the dishonored cheques were only issued as a security instrument/surety to settle a family dispute---Validity---Bank cheques admittedly belonged to the accused---Accused had not been able to point out, even obliquely, to any clause of contract/agreement or any portion thereof, in performance whereof, the accused purportedly stood surety---Supported by statutory presumption of being a valid instrument, a drawer could not ward off the consequences of its failure through a plea of being an unsuspecting surety---Even otherwise, within the family fold in a close degree, the accused has not been able to point out any mala fide or animosity, possibly lurking behind his arrest in a non-bailable/cognizable offence---Petition for leave to appeal was dismissed, leave was refused and accused was refused bail.

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