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LIAQUAT ALI vs State S — 2023 YLRN 33 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 33 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
LIAQUAT ALI vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 489-F---D; S. 489-F; 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

LIAQUAT ALI VS State S. 498---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Pre-arrest bail, refusal of---Business transaction---Scope---Accused sought pre-arrest bail in an FIR lodged under S. 489-F, P.P.C.---Record reflected that there was business relations between the accused and complainant and the accused had given cheque to the complainant for business obligations, which, on presentation before the concerned Bank, was dishonoured---Being account holder the accused was in full knowledge that how much amount was lying in the account---Provisions of S. 489-F, P.P.C., were squarely attracted in the case---Complainant could not be bound down to seek his remedy by approaching the civil court through a recovery suit when there was no legal embargo on him not to press into service the penal provisions against the delinquent through the registration of an FIR---Accused had failed to show a single mala fide on the part of complainant/prosecution to falsely implicate him in the case and there appeared no reasonable ground to believe that he was not guilty of the offence alleged against him---Accused being linked with the commission of offence was held disentitled to the concession of bail---Accused, present in court, was taken into custody and remanded to central jail---Bail application was dismissed, in circumstances.

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