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Azeem-ud-Din vs Feroze Khan Ss — 2024 PCrLJ 1364 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 PCrLJ 1364 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
PCRLJ
Parties
Azeem-ud-Din vs Feroze Khan Ss
Subject matter
Criminal
Provisions referred to
S. 489-F---; S. 497; 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

Azeem-ud-Din VS Feroze Khan Ss. 497(5) & 498---Penal Code (XLV of 1860), S. 489-F--- Dishonestly issuing a cheque---Pre-arrest bail, cancellation of---Bail granted on the basis of compromise---Accused failing to abide by terms of compromise---Accused borrowed Rs. 18,00,000/- from complainant and issued a cheque for repayment of loan which was dishonoured upon presentation---Accused filed a petition for pre-arrest bail which was dismissed---Accused then filed a criminal miscellaneous application for the same relief---Both the parties entered into a settlement during the pendency of that application---Court granted bail on the terms and condition of settlement acknowledged by the accused---According to the settlement, accused made partial payment in cash and undertook to pay the remaining sum of Rs. 14,00,000/- within six months, but he had defaulted---Effect---Petitioner's father lodged F.I.R against the accused for the dishonoring of the cheque---Now that the complainant had died, the petitioner was an interested party and competent to apply under S.497(5), Cr.P.C---In the circumstances, the objection of accused regarding the maintainability of the application was overruled---Court granted pre-arrest bail to accused pursuant to his compromise with complainant---Accused paid a part of the outstanding amount in cash and undertook to pay the remaining amount Rs. 14,00,000/- within six months but had defaulted---Since the bail of accused was conditional and subject to due performance of his obligations, therefore, it must be recalled---Application was accepted and the pre-arrest bail granted to accused was cancelled, in circumstances.

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