AHMED SHAKEEL BHATTI vs State S — 2023 SCMR 1 SUPREME-COURT

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AHMED SHAKEEL BHATTI VS State S. 497(5)---Penal Code (XLV of 1860), S. 489-F---Constitution of Pakistan, Art. 185(3)---Dishonestly issuing a cheque---Petition for cancellation of pre-arrest bail, dismissal of---Petitioner (complainant) entered into a Share Purchase Agreement with the accused for the sale of a sugar mill for a price of Rs.840 million---Accused initially paid Rs.500 million and issued a postdated cheque for Rs.340 million, which was dishonored on presentation on the instructions given by the accused to his Bank to stop payment---Plea of accused that dispute related to a commercial transaction between the parties, and the complainant was required to fulfill his end of the bargain before he could encash the cheque; that since complainant had failed to fulfill his obligations under the agreement, he was not entitled to encash the cheque---High Court granted pre-arrest bail to the accused---Validity---Commercial integrity is an ethical standard which would require evidence for establishing its absence in the conduct of an accused to a degree that constitutes dishonesty by him within the meaning of section 489-F, P.P.C.---In the facts of the present case, such an assessment can be made at the trial to evaluate whether any improper benefit, if at all, has been derived by the accused on account of the stoppage of payment of his cheque which was wrongful---Such aspect of the matter cannot be determined at the bail stage in the present case---As dishonesty is an ingredient of the offence under section 489-F of the P.P.C., therefore, the cancellation of pre-arrest bail can be ordered in the instant case if the element of dishonesty is presently indicated from the conduct of the accused---Evidentiary material to such effect is lacking on record at the present stage---Indeed, if evidence on the point is brought at the trial, the finding thereon will depend on the significance and materiality of the obligation claimed by the accused to have been breached by the complainant under the terms of the bargain between the parties---Petition for leave to appeal seeking cancellation of pre-arrest bail granted to accused was dismissed and leave was refused.

AHMED SHAKEEL BHATTI vs State S — 2023 SCMR 1 SUPREME-COURT

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