اگر 489F کے تحت درج مقدمہ میں راضی نامہ کی بنیاد پر ضمانت منظور ھوئی ھو اور ملزم ضمانت پر رہا ھونے کے بعد راضی نامہ کی شرائط کے مطابق ادائیگی نہ کرے تو عدالت اسکی ضمانت منسوخ کرنے کی مجاز ھے

2021 MLD 947 Lahore 

After registration of a criminal case under Section 489-F PPC, against him, the accused if enters into a compromise with the person in whose favour, he had issued a cheque, the concession of bail, can be granted to him on the affirmative nod of the complainant because the offence is compoundable inter-se the parties, without permission of the Court. It can safely be concluded that after entering into a compromise with the complainant for making payment of the amount either mentioned in the cheque or settled between the parties through compromise, the accused once again makes a commitment and if it is again dishonoured, it would amount to a dishonest act in continuation of his earlier breach of commitment, thus rendering him disentitled to further enjoyment and reaping the fruit of his misdeed, he earned, by way of compromise. The grant of bail in non-bailable offences is a concession/grace and cannot be claimed as of a right by the accused.There is a judicial consensus that the conduct of the accused is always considered important and relevant.

Voluntary issuance of a cheque for, repayment of loan or fulfilment of financial obligation, in-fact amounts to giving of an undertaking by the concerned person that on its presentation, the cheque shall be honoured/ encashed. The dishonest intention of the person, issuing a cheque, becomes evident, the moment through its endorsement in writing, the bank refuses to honour it and simultaneously the commission of offence under Section 489-F PPC also takes place. The dishonouring of a cheque, in the above context also amounts to breach of commitment/undertaking by the accused which he makes with the payee.

Crl. Misc. No.12356-M of 2021

Zahid Mahmood Versus Addl. Sessions Judge, etc.

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