Pre-arrest bail, confirmation Section 489-F ppc

Section 489-F PPC.

-    S. 489-F---Pre-arrest bail, confirmation of---No dispute existed regarding issuance of cheques to the complainant by accused---Real controversy in the case requiring determination was as to whether cheques were issued by accused dishonestly to defraud the complainant or with bona fide intention---Matter between the parties was purely of civil nature, which was already subjudice before the competent forum---Certificate of Bank Manager had established that cheques  in question had not been dishonored due to lack of sufficient amount in the account of accused, but encashment had been refused under his own instructions---Accused, while issuing the cheques was not having any dishonest intention to deceive or defraud the complainant which was the main ingredient of offence under S. 489-F P.P.C---Investigation of the case had been completed and report under S. 173, Cr.P.C. submitted to the concerned court---No useful purpose would be served by committing accused to the police custody---Ad interim pre-arrest bail already granted to accused, was confirmed, in circumstances.


2008 MLD 717
Lahore-High-Court-Lahore