Citation Name: 2023 PCrLJ 1588 LAHORE-HIGH-COURT-LAHOREBookmark this Case KABEER AKBAR vs State S — 2023 PCrLJ 1588 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PCrLJ 1588 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 1588 LAHORE-HIGH-COURT-LAHOREBookmark this Case KABEER AKBAR vs State S
Subject matter: Criminal
Provisions referred to: S. 489-F---; S. 489-F; S. 498---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

Citation Name: 2023 PCrLJ 1588 LAHORE-HIGH-COURT-LAHOREBookmark this Case KABEER AKBAR VS State S. 489-F--- Term "whoever"---Connotation---Liability of a company---Term "whoever" in S. 489-F, P.P.C., encompasses all offenders without distinction, whether natural or juristic persons---Criminal liability for dishonestly issuing a bad cheque is attributable to a company and it can be prosecuted. Citation Name: 2023 PCrLJ 1588 LAHORE-HIGH-COURT-LAHOREBookmark this Case KABEER AKBAR VS State S. 498---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a Bank cheque---Pre-arrest bail, confirmation of---Accused was CEO of company which entered into an agreement to purchase steel bars from complainant company---Bank cheque issued by accused company was dishonored and FIR was registered against accused---Plea raised by accused was that the bank cheque was to be encashed upon delivery of consignment and was so endorsed on the back of the instrument but complainant company breached its contractual obligations and illegally presented the cheque to the Bank---Validity---Criminal liability under S. 489-F, P.P.C., of the person signing the cheque on the company's behalf depended on his role, position and authority within the company---Mens rea of those managing the company's affairs, and its directing mind and will, may be attributed to it in certain circumstances---Prosecution was to prove that the particular person was in-charge of company's operations at the time of commission of offence---Offence under S. 489-F, P.P.C. was not one of strict liability and penal consequences depended on proof of dishonesty---Prima facie, the contention of accused that FIR was motivated by malice was not unfounded--- Pre-arrest bail was confirmed, in circumstances.

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