WAQAR HUSSAIN BHATTI vs State S — 2022 MLD 1444 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1444 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: WAQAR HUSSAIN BHATTI vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; S. 489-F; S. 24; 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

WAQAR HUSSAIN BHATTI VS State S.498---Penal Code (XLV of 1860), Ss.24 & 489-F---Dishonoring of cheque---Pre-arrest bail, grant of---Company cheques---Accused was arrested for issuing seven chequer during the course of business transactions which all cheques were dishonored---Validity---Foundational elements to constitute an offence under S.489-F, P.P.C. are: (a) cheque should be valid; (b) it should be issued with dishonest intent; (c) it should be for repayment of a loan or fulfillment of an obligation; and (d) it should have been dishonored--- Term "dishonestly" has been defined in S.24, P.P.C. to mean doing anything with intention of causing wrongful gain to one person or wrongful loss to another person--- Accused was authorized on behalf of a proprietary concern owned by his real brother, to operate his account and to issue cheques on his behalf---No material was available on file which could suggest that accused had issued any cheque dishonestly---Non-availability of incriminating material against accused or non-existence of sufficient ground, including a valid purpose, for making arrest of accused person in case by investigating officer, as a corollary was a ground for admitting accused to pre-arrest bail, and vice versa---Pre-arrest bail was allowed, in circumstances.

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