P L D 2011 Lahore 169 (PLP)

CH. IFTIKHAR HUSSAIN, J.

Petitioner Muhammad Naveed by way of the instant petition has prayed for pre-arrest bail in case F.I.R. No.392 registered under section 489-F, P.P.C. with Police Station Old Anarkali, Lahore on 3-6-2010. It was on the application of respondent No.2/complainant Faisal Manzoor.

2. He has alleged in the F.I.R. that on 10-1-2010, Muhammad Naveed (petitioner) took on credit Rs.2,00,000 from him with promise to return the same after ten days but he did not do so and instead gave him cheque in the sum of Rs. 1,00,000 drawn on the Standard Chartered Bank Mall Road Branch Lahore, which on presentation was dishonoured for want of funds.

3. The learned counsel for the petitioner has contended that the petitioner has falsely been implicated in the instant case by the complainant with mala fide intention as there is background of enmity between them because the brother of the complainant has got registered case F.I.R. No.156 of 2010 under section 324/109, P.P.C. against him and others; that he owed no amount to the complainant and in fact the cheque in question was stolen away by some one and so, he got estopped the payment; that no offence is made out against him in the given circumstances of the case as the cheque in question was to `self' and none else and so, it cannot be said that either it was issued with dishonest intention or towards the repayment of loan or fulfillment of an obligation; that he has joined the investigation and is not wanted any further purpose of the same; that nothing is to be recovered from him; that the alleged offence does not fall within the prohibitory clause of section 497(1), Cr.P.C.; and that in such circumstances, no useful purpose would be served by handing over him to the police.

4. The learned DPP assisted by the learned counsel for respondent No.2/complainant has opposed the petition on the ground that the petitioner is named in the F.I.R.; that he has issued cheque in question to the complainant with dishonest intention, which on presentation was dishonoured by the bank concerned; that even though the cheque in question is to `self', the offence is made out against him as it was dishonoured; and that in such circumstances, he is not entitled to the relief prayed for.

5. I have careful considered the submissions made on behalf of the parties and perused the record.

6. Admittedly, the cheque in question was to 'self'. The provision of section 489-F, P.P.C. reads as under: Dishonestly issuing a cheque.

Whoever dishonestly issues a cheque towards repayment of a loan or fulfillment of an obligation which is dishonoured on presentation, shall be punishable with imprisonment which may extend to three years, or with fine or with both, unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque.

7. The question that if cheque to 'self' can be said to be with dishonest intention or towards repayment of a loan or fulfillment of an obligation or that if he ultimately would be held liable for the offence under section 489-F, P.P.C. seriously needs consideration at trial.

8. There seemingly is background of hostility between the parties. The same is evident from the admitted fact that the brother of the complainant has got registered the aforesaid criminal case against the Petitioner and others, prior the present case. Hence, due to such Position, the case against him certainly requires further inquiry into his guilt and so, the same is covered under subsection (2) of section 497 Cr.P.C.

9. He admittedly has joined the investigation and is nothing to be recovered from him.

10. I, therefore, accept this petition and confirm the ad-interim pre arrest bail already granted to him vide order dated 2-8-2010, subject to his furnishing fresh bail bonds to the tune of Rs.1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned Illaqa/Duty Magistrate concerned. However, he is directed to join the investigation again, if and when so, may be wanted/ required. N.H.Q./M-606/L Pre-arrest bail allowed.