There is nothing on record to establish that the cheque in question was issued for repayment of any loan or fulfillment of any financial obligation, which is sine qua non to attract the provisions of Section 489-F PPC.

 The offence under Section 489-F PPC is punishable for three years, which does not fall within prohibitory clause of Section 497 Cr.P.C.

The cheque is a negotiable instrument falling within the domain of Order XXXVII of CPC, therefore registration of criminal case under the said offence is not to be used as a tool for the recovery of amount for which law provides a separate remedy under the Civil Procedure Code, 1908.

It is settled principle of law that mere registration of cases of similar nature against the petitioner is no ground to deprive him from the concession of bail.

It is by now well settled that if a case falls within the remit of further inquiry, mere absconsion of accused will not be an impediment in the way of granting bail.

It is also settled proposition of law that mere commencement of trial is no ground for refusal of bail if the case of accused falls under the ambit of further inquiry.

Crl.Misc. No.18217-B of 2021

Khizar Hayat Versus The State etc.