MUHAMMAD YAQOOB vs State S — 2022 YLRN 184 KARACHI-HIGH-COURT-SINDH

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

MUHAMMAD YAQOOB VS State S.497---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail, grant of---Breach of contract---Further inquiry---Scope---Accused was alleged to have issued three cheques which were dishonored on presentation---Accused had entered into an agreement in the year 2019 regarding some orchid for harvesting and marketing different fruits for a period of three years; he had paid the amount for the first year and some amount for second year but he could not pay the remaining amount for subsequent period and dishonoured cheques pertained to that unpaid amount---Contention of accused that the date of agreement was tampered with was substantiated from the fact that agreement was shown to be executed in the year 2019 while some of the cheques were shown to be handed over to the complainant having dates of the years 2017 and 2018---Business relation between the parties was admitted regarding which an admitted agreement was also available on record and it appeared that the matter was a case of breach of contract---Complainant had not filed a civil suit for rendition/ settlement of accounts---Maximum punishment in the present case was three years, as such, it did not fall under the prohibitory clause of S.497, Cr.P.C.---Accused was admitted to bail, in circumstances.

MUHAMMAD YAQOOB vs State S — 2022 YLRN 184 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported