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| 2024 scmr 1567 |
ضمانتی
(Security)
چیک کے باؤنس ہونے پر سیکشن
489
-F PPC
لاگو ہوگا یا نہیں؟ سپریم کورٹ کا تاریخی فیصلہ
تعارف
مختصر حقائق
قانونی اہمیت
Must read judgment.
2024 SCMR 1567
7PG
[Supreme Court of Pakistan]
Present: Jamal Khan Mandokhail, Ayesha A. Malik and Syed Hasan Azhar Rizvi, JJ
MUHAMMAD ANWAR---Petitioner
Versus
The STATE and another---Respondents
Crl. P.L.A. No.340 of 2024, decided on 3rd June, 2024.
(Against the order dated 29.01.2024 passed by the Lahore High Court, Lahore passed in Crl. Misc No. 82102/B of 2024).
(a) Criminal Procedure Code (V of 1898)---
----S. 498---Penal Code (XLV of 1860), S. 489-F---Constitution of Pakistan, Art.185(3)---Dishonestly issuing a cheque---Pre-arrest bail, grant of---Further inquiry---Cheque given as a guarantee---Every transaction where a cheque is dishonoured may not constitute an offense---Foundational elements to constitute an offense under section 489-F, P.P.C. are the issuance of the cheque with dishonest intent; the cheque should be towards repayment of loan or fulfillment of an obligation; and lastly that the cheque is dishonoured---In the present case the agreement in question was executed between petitioner (accused) and person "MA" regarding a plot---Perusal of said agreement indicated that the cheque in question was issued as "Guarantee" from the petitioner to "MA"---Complainant had failed to produce any receipt issued by the petitioner while receiving cash amount of 2,00,000/-.---Tentative assessment of the record showed that the cheque was not towards the fulfillment of any obligation but rather it was given as security---Prima facie, it did not attract the elements of section 489-F, P.P.C.---Petition was converted into an appeal and allowed, and the petitioner was admitted to pre-arrest bail.
Mian Allah Ditta v. The State and others 2013 SCMR 51 ref.
(b) Criminal Procedure Code (V of 1898)---
----Ss. 497 & 498---Constitution of Pakistan, Art. 185(3)---Bail, grant of---Principles---It is better to err in granting bail than to err in refusal because ultimate conviction and sentence can repair the wrong resulting from a mistaken relief of bail.
Chairman NAB's case PLD 2022 SC 475 ref.
Muhammad Amir Malik, Advocate-on-Record along with petitioner for Petitioner.
Irfan Zia, Additional Prosecutor General, Punjab, Abdul Sami, SDPO Sargodha and M. Sami Jar 1.O for the State.
Shahid Tabassum, Advocate Supreme Court amd Syed Rifaqat Hussain Shah, Advocate-on Record for the Complainant.
Date of hearing: 3rd June, 2024.
JUDGMENT
SVED HASAN AZHAR RIZVI, J.---Through the present petition, the petitioner seeks leave 100012024 (Impugned Order) whereby