ABDUL RASHEED vs State Ss — 2023 SCMR 1948 SUPREME-COURT

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ABDUL RASHEED VS State Ss. 497(2) & 498--- Penal Code (XLV of 1860), S. 489-F---Constitution of Pakistan, Art. 185(3)---Dishonestly issuing a cheque---Pre-arrest bail, grant of---Further inquiry---Cheques given as surety---Petitioner (accused) has placed on record a copy of the suit for rendition of accounts filed by him against the complainant before the Civil Court---Perusal of the same shows that the parties were probably running a business and the cheques were given as a surety and the same were not meant for encashment---Cheques in question are of the year 2019 and according to the crime report the same were dishonoured in the year 2019---If that was so, it was not understandable as to why the complainant kept quiet for three years and did not lodge the FIR on time, which prima facie supports the stance taken by the petitioner---Even otherwise, even if the complainant wants to recover his money, section 489-F of P.P.C. is not a provision which is intended by the Legislature to be used for recovery of an alleged amount---Question whether the cheques were issued towards repayment of loan or fulfillment of an obligation within the meaning of section 489-F, P.P.C. is a question, which would be resolved by the Trial Court after recording of evidence---Maximum punishment provided under the statute for the offence under section 489-F, P.P.C. is three years and the same does not fall within the prohibitory clause of section 497, Cr.P.C.---All the material is in documentary shape; the investigation is complete and the petitioner is no more required for further investigation---Petition for leave to appeal was converted into appeal and allowed, and ad interim pre-arrest bail granted to petitioner was confirmed.

ABDUL RASHEED vs State Ss — 2023 SCMR 1948 SUPREME-COURT

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