Pending civil proceedings

2014 PCrLJ 1373 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 497Penal Code (XLV of 1860), S. 489-FDishonestly issuing a chequeBail, grant ofFailure of accused to comply with directions of court regarding depositing of disputed amountEffectPending civil proceedingsComplainant gave Rs. 70 lac to the accused for purchase of land

Accused failed to perform terms of the agreement and allegedly offered Rs. 23 lac more for repudiating the agreement of sale and in such respect allegedly issued a cheque of Rs. 93 lac in favour of the complainant

Said cheque was dishonoured on presentation before the bank

Plea of complainant that accused was not entitled for post-arrest bail since he had given an undertaking before the Supreme Court to deposit the disputed amount for getting the relief of pre-arrest bail, and since such undertaking was not honoured by accused, he was arrested

Validity

Although accused gave an undertaking before the Supreme Court to deposit the disputed amount but because of his failure to do the same, relief of pre-arrest bail was not granted to him and the matter stood closed with withdrawal of the bail application

Such undertaking given by accused could not always stand in his way for seeking relief of bail, rather post-arrest bail application was to be considered on its own merits keeping in view the law governing it, without being influenced by the undertaking given by the accused

Complainant was allegedly offered Rs. 23 lac more by the accused for failing to perform the agreement, and such fact required probe to determine whether in fact disputed cheque of Rs. 93 lac was issued to repay consideration paid by complainant or it was issued to secure the future interest of the complainant

Challan against accused had already been submitted in court, therefore he was no more required for further investigation

Civil suit filed by complainant for specific performance of agreement to sell was pending in the civil court, wherein complainant was required to establish alleged repudiation of agreement by the accused and offer of returning Rs. 93 lac

Jurisdiction of civil court could not be pre-empted at bail stage by accepting story narrated in the F.I.R.

Sentence of offence alleged did not fall within the prohibitory clause of S. 497(1), Cr.P.C.

Accused was granted bail in circumstances.