Citation Name: 2025 MLD 2005 KARACHI-HIGH-COURT-SINDHBookmark this Case Saqlain Haider vs State S

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Citation Name: 2025 MLD 2005 KARACHI-HIGH-COURT-SINDHBookmark this Case Saqlain Haider VS State S. 498---Penal Code (XLV of 1860), S. 489-F---Dishonouring of cheque---Interim pre-arrest bail, confirmation of---Business between the parties, existence of---Cheque, issuance of---Whether repayment of loan or fulfillment of an obligation---Further inquiry---Present matter was prim-arily documentary in nature, based on agreements, part payments and cheques as Guarantee---The factual controversy as to whether the appli-cant acted with fraudulent intent from the inception or whether the dispute had evolved into a civil liability was a matter which could only be deter-mined after recording of evidence at trial---Where a transaction gives rise to both civil and criminal liability, the element of fraudulent intention must be determined on the basis of evidence, and until such determination, the matter may fall within the scope of further inquiry---Record reflected that a civil suit filed by the applicant with respect to the same subject cheque(s) was also pending adjudication against the complainant---It was also claimed by the applicant that during course of their business transactions the claimed amounts had been repaid by him, which was also required to be considered during trial---All said facts brought the case of the applicant within the ambit of further inquiry as envisaged under S497(2) Cr.P.C---The maximum punishment for offence under S.489-F P.P.C. is three years which does not fall under the prohibitory clause of S.497 Cr.P.C, thereby entitling the applicant to bail---Every transaction where a cheque is dishonoured would not constitute an offense in the absence of dishonesty---The foundational elements to constitute an offence under section 489-F are the issuance of cheque with dishonest intent, and the issuance of cheque towards repayment of loan or fulfillment of an obligation---Where there was business relationship between the parties and the cheques mentioned in the FIR were issued as surety or guarantee, the same fell short of the requirements of an obligation within the meaning of S.489-F P.P.C, thus, calling for further enquiry---Where cheque was given as a security, the elements of section 489-F P.P.C. were not attracted and bail was to be granted---Where a civil suit for declaration with respect to the subject transaction was pending adjudication before the court of competent jurisdiction, the possibility of ulterior motives could not be ruled out---A case where there was business relationship between the parties and the allegation of dishonour of cheque under S.489-F P.P.C. was levelled, the provision of S.489-F P.P.C. were not intended by the legislature to be used for recovery of an alleged amount but civil proceedings provided remedies inter alia under O.XXXVII, C.P.C---The question whether the cheques were issued towards repayment of loan or fulfilment of an obligation within the meaning of section 489-F, was held to be a question which should be resolved by the Trial Court after recording evidence---Mere registration of other criminal cases (i.e. multiple FIRs) against an accused did not disentitle him from the grant of bail---Present matter appeared to be a clear case of multiple civil transactions between the parties wherein not only a summary suit but insolvency petition had also been filed and certain orders had also been filed, whereas versions of both sides and determination of final liability was yet to be made, which made it a case of further inquiry under S.497(2), Cr.P.C. and entitled the applicant to bail---Interim pre-arrest bail granted to the applicant was confirmed under circumstances.

Citation Name: 2025 MLD 2005 KARACHI-HIGH-COURT-SINDHBookmark this Case Saqlain Haider vs State S — 2025 MLD 2005 KARACHI-HIGH-COURT-SINDH

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