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MUNIR AHMED vs State S — 2022 PCrLJN 39 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 39 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUNIR AHMED vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 489-F---D; S. 489-F; S. 497; 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

MUNIR AHMED VS State S. 498---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Pre-arrest bail, grant of---Further inquiry---Allegation against the petitioner was that he issued a cheque of Rs. 3,450,000/- which was returned dishonoured on presentation---Held; an offence under S. 489-F, P.P.C. was made out if a person dishonestly issued a cheque towards the fulfillment of an obligation, which was subsequently dishonoured and it was further necessary that such person should have had knowledge that the cheque would be dishonoured---The petitioners contended that the cheque had been issued as a security and not towards any legally enforceable debt/obligation---The contention was a mixed question of fact and law as to whether the same was towards a legally enforceable debt/obligation or was a security for a transaction---It required further inquiry---The accused had joined the investigation and the case against them was based upon documentary evidence---No chance of tampering with the prosecution evidence existed---Offence did not fall within the prohibitory clause of S. 497, Cr.P.C.---Petitioners were granted pre-arrest bail in circumstances.

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