2009 PLP 28 (YLR)

TARIQ SHAMIM, J.

Through this petition, the petitioner seeks pre-arrest bail in case F.I.R. No.242 of 2008, dated 30-4-2008 for offence under section 489-F, P.P.C, registered at Police Station Madina Town, Faisalabad.

2. Briefly stated the facts of the case are that the cheque issued by the petitioner in favour of the complainant was dishonoured on presentation to the Bank for encashment.

3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the case by the complainant; that in fact, the cheque book of the petitioner had been lost, whereupon an application was made to the Bank to stop payment; that subsequently new cheque book was issued by the Bank; that essentially the dispute between the parties is of civil nature as the complainant and the petitioner were partners in the business and that civil litigation is also pending between the parties.

4. The learned Assistant Advocate-General has vehemently opposed the petition.

5. I have heard the learned counsel for the petitioner as well as the learned Assistant Advocate-General.

6. The claim of the petitioner of running a joint business with the complainant is spelt out from the evidence so far collected by the police in the course of investigation. In support of the assertion that the cheque book had been lost, the learned counsel for the petitioner has referred to an application filed by the petitioner with the Bank on 4th of October 2006 wherein the petitioner had made a request for cancellation of cheques and issuance of new check book. The application was duly received by the Bank and stop payment was made by the Bank on cheques Nos. 34198378 to 34198400 which includes the cheque purportedly issued by the petitioner in favour of the complainant bearing No.34198385. Appended with the petition is a copy of the application made by the petitioner to the S.H.O. for registration of a criminal case against the complainant on account of theft of cheques and petition filed by him in terms of sections 22-A and 22-B, Cr.P.C, on which the learned Additional Sessions Judge/Ex- officio Justice of Peace in the order dated 29-4-2008 directed the petitioner to approach the S.H.O. Madina Town for redressal of his grievance. From the foregoing it is evident that the petitioner was serious about his claim of the cheque book having been stolen and misused by the complainant and had taken concrete steps for redressal of his grievance. Further, civil suit is also pending between the parties. The offence with which the petitioner is charged entails a maximum sentence of three years, hence it does not fall within the ambit of the prohibitory clause of section 497, Cr.P.C. At this stage, when nothing has to be recovered from the possession of the petitioner, it would not be appropriate to send him behind the bars as it would not serve any useful purpose.

7. For what has been stated above, this petition is allowed and the ad-interim pre-arrest bail granted to the petitioner vide order dated 8-7-2008 is confirmed subject to his furnishing fresh bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./D-6/L Bail confirmed.