2022 MLD 1444
The foundational elements to constitute an offence under section 489-F PPC are: (a) the cheque should be valid; (b) it should be issued with dishonest intent; (c) it should be for repayment of a loan or fulfillment of an obligation; and (d) it should have been dishonoured. The term “dishonestly” has been defined in section 24 PPC to mean doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person.
The offence of issuing a bad cheque in Pakistan is governed by section 489-F PPC. Since it employs the terms “whoever” and “issues”, I agree with the learned Deputy Prosecutor General that it would include the duly authorized agent/attorney who draws the cheque. Nevertheless, the prosecution would be required to establish dishonesty on his part to make him liable to criminal sanction.
It is trite that delay in registration of FIR is not always fatal for the prosecution, more particularly in cases involving white collar crimes or where the entire evidence is documentary. The court considers the impact of delay in every case with reference to its peculiar facts and circumstances. The same holds true of the offence under section 489-F PPC though, generally speaking, delay in these matters is of little consequence as they are based on dishonor of a cheque. Civil courts have their own procedure and deal with the claims founded on such instrument accordingly. In the instant case, it is admitted that the cheques were not out of time when the Company presented them. Prima facie, nothing turns on the fact that it approached the police four years after they bounced off.
0 Comments