Dishonoured Cheque by Client: SC Pakistan Limits Criminal Liability & Emphasizes Civil Remedies.
کلائنٹ کے چیک کی عدم ادائیگی: سپریم کورٹ پاکستان کا فیصلہ
📌 مقدمے کا خلاصہ:
📌 عدالت کی رائے:
📌 اہم نکتہ:
📌 فیصلہ:
Must read judgment.
PLD 2026 Supreme Court 75
Present: Muhammad Hashim Khan Kakar, Shakeel Ahmad and Ishtiaq Ibrahim, JJ
Syed BASIT HYDER TAQVI---Petitioner
Versus
The STATE--Respondent
Criminal Petition No.39-K of 2025, decided on 30th June, 2025.
of 2024). (Against the judgment/order dated 07.02.2025 passed by the High Court of Sindh, Karachi in Criminal Bail Application No.2105
Criminal Procedure Code (V of 1898)-
Act 5. 497--Contract Act (IX of 1872), 5. 73--Penal Code (XLV of 1860), S. 489-F-Dishonoring of cheque--Bail, grant of---Counsel and client relationship---Non-payment of professional fee charges---Breach Breach of contract-Complainant was advocate and accused was his client who paid professional charges in shape of cheque which was dishonoured on presentation-Held: If client failed to make full fee payment, the amount could be recovered through civil remedies-Initiation of criminal case against one's own client could only be considered in exceptional circumstances where no other remedy was available-Failure to pay for service, such as legal representation, does not necessarily result in penal consequences-State of consciousness that is culpable is the essential component fcriminal liability-Dishonestly issuing a cheque is punishable with up to three three years' imprisonment under section 489-F, P.P.C. and the offence necessitates rigorous examination-Alternative remedies were available under civil law, such as claim for compensation for loss or injury resulting from breach of contract under section 73 of Contract Act, 1872 and suit for recovery under Civil Procedure Code, 1908-Provision of section 489-F, P.P.C. is intended to function as a safeguard against fraud, rather than as a blade to enforce civil recovery-Mens rea (dishonest intent) must be established in order to incur penal consequences and criminal proceedings under 489-F, P.P.C. must not be used as a substitute for civil remedies---Bail was allowed.
2023 SCMR 1948 and 2013 SCMR 51 rel.
Abbad-ul-Hussnain. Advocate Supreme Court for Petitioner (through V/L from Karachi)
Khadim Hussain, A.P.G., Sindh for the State.
Assisted by: Mahnoor Omer, Law Clerk.