BASHIR AHMED vs State Ss — 2023 SCMR 748 SUPREME-COURT

Case information

Citation: 2023 SCMR 748 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: BASHIR AHMED vs State Ss
Subject matter: Criminal
Provisions referred to: S. 489-F---C; 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

BASHIR AHMED 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---Admittedly, it was the accused himself who stopped the payment of the cheque on the ground that the cheque had been removed from his cheque book illegally/unauthorizedly---Further there was inordinate delay in registration of FIR, which had not been explained---As yet no proof had been tendered to show that the disputed amount was paid to the accused by the complainant---No evidence was available on record, at present stage, with regard to the stated ingredients of section 489-F, P.P.C., which may bring it within the ambit of mala fide on the part of the complainant---In such circumstances this also made it a case of further inquiry---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to pre-arrest bail.

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