2012 PLP 2900 (YLR)
MUHAMMAD SUFYAN — Petitioner Versus THE STATE and another — Respondents
| Citation | 2012 PLP 2900 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Shahid Hameed Dar, J |
| Parties | MUHAMMAD SUFYAN — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | (a) Criminal Procedure Code (V of 1898), (b) Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2012 PLP 2900 (YLR)?
This judgment primarily cites: (a) Criminal Procedure Code (V of 1898), (b) Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 2900 (YLR)?
The case was heard and decided by the Lahore bench comprising: Shahid Hameed Dar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 2900 (YLR) (MUHAMMAD SUFYAN — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rai Sajjid Ali Kharal for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S.489-F
Roil, grant of--Further inquiry
Complainant had not hinted at any evidence during investigation as to for what purpose, in whose presence, when and where he had handed down the amount to the accused
Mere bouncing of cheque by bank without satisfaction of basic ingredients of S. 489-F, P.P.C. did not call for invocation of said section
Complainant had ,failed to hint that accused issued cheque knowing that it would bounce on presentation as complainant simply contended that accused owed hire certain amount
accused was charged with offence which did not catch the prohibition of S. 497, Cr. P. C and sufficient reasons existed to make his case one of further inquiry
Accused was admitted to bail, in circumstances.
S.489-F
Dishonestly issuing a cheque--Scope
Accused is only liable under S.489-F, P.P.C. if he issues the cheque dishonestly towards repayment of loan or discharge of some lawful obligation knowingly, that it shall be bounced on presentation. Rana Tasawar Ali Khan, Deputy Prosecutor General Punjab for the State. Arshacli A.S.I. with record.
Judgment & Decree
SHAHID HAMEED DAR, J.
Muhammad Sufyan (petitioner) seeks bail after arrest in case F.I.R. No.460 of 2011 dated 24-5-2011 under section. 489-F, P.P.C. registered at Police Station Sabzi Mandi, District Gujranwala.
2. After having heard learned counsel for the parties and perused the record, it is observed that the complainant did not hint at any evidence during the course of investigation as to for what purpose, in whose presence, when and where he had handed down a huge amount of rupees three millions to the petitioner. Mere bouncing of cheque by the bank without satisfaction of the basic ingredients thereof, the invocation of section 489-F, P.P.C. is not called for. An offender shall only be liable for an action under the aforesaid penal provision of law if he issues the cheque dishonestly towards repayment of loan or discharge of some lawful obligation knowingly, that it shall be bounced on presentation. No such element has been hinted at by the complainant who has simply contended that the petitioner owed him an amount of rupees three millions and that's all. The offence, the petitioner is charged with does not catch the prohibition of section 497, Cr.P.C. Sufficient reasons are available to believe that petitioner's case constitutes need for further inquiry into his guilt as envisaged by section 497(2), Cr.P.C.
3. For the foregoing reasons, the instant application is accepted and petitioner is admitted to post arrest bail subject to furnishing surety bonds in the sum of Rs. 1,00,000 with one surety in the like amount to the satisfaction of learned trial Court. MWA/M-389/L?????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.