Naqib Ullah Khan vs State S — 2026 MLD 951 PESHAWAR-HIGH-COURT

Case information

Citation: 2026 MLD 951 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2026
Reporter: MLD
Parties: Naqib Ullah Khan vs State S
Subject matter: Criminal
Provisions referred to: S. 497; 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

Naqib Ullah Khan VS State S. 497(2)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Post-arrest bail, grant of---Offences not attracting the prohibitory clause of S.497, Cr.P.C.---Further inquiry---Record revealed that petitioner was nominated in the FIR with the allegation of having issued a cheque valuing Rs. 24,210,000/- in favour of complainant to discharge his financial obligation, which upon presentation before the bank was dishonored due to insufficient funds---Offence under S.489-F, P.P.C., carries amaximum punishment of three years imprisonment and therefore, did not fall within the prohibitory limb of S.497(1), Cr.P.C.---In such category of offences, the grant of bail is a rule, whereas, refusal is an exception---It was alleged by the accused-petitioner that the cheque was neither issued dishonestly nor with the intent to defraud the complainant, but was merely furnished as a guarantee-cum-security cheque---In such circumstances, it would be a matter for determination during trial as to whether any business transaction actually existed between the parties and what was the true picture and purpose of the cheque in question---Said aspect, prima facie, rendered the case of the petitioner one of further inquiry within the meaning of S.497(2), Cr.P.C.---Bail application was allowed, in circumstances.

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