2022 SCMR 2040
S. 497 --- Penal Code (XLV of 1860), Ss. 420, 468, 471, 406 & 489-F---Constitution of Pakistan, Art. 185(3)---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, criminal breach of trust, dishonestly issuing a cheque---Fraud with an Overseas Pakistani---Bail, refusal of---Allegation against the accused was that he entered into an agreement to sell his immovable agricultural land with the complainant---Complainant not only paid an amount of Rs.4.40 million to him but as per the agreed terms, he got transferred two residential plots in the name of the persons suggested by the accused---However, the accused did not mutate the land in favour of the complainant on account of deficiency in title and issued him a cheque amounting to Rs.2.60 million towards transfer fee but the same could not be encashed and got dishonoured---During investigation, it was found that the accused did not have any land, which could be transferred in the name of the complainant, and that he sold the two residential plots of the complainant to some persons and received the sale consideration---Evidence also reflected that the amount of Rs.4.40 million was received by the accused in his bank account---Although the offences under sections 406, 468 & 489-F, P.P.C. did not fall within the prohibitory clause of section 497 , Cr.P.C. but this principle was not absolute, rather it depended upon the facts and circumstances of each case---Admittedly the complainant was an overseas Pakistani national, who had been deprived of his wealth, hence, it cast a heavy duty upon the courts to provide him safeguard within the limits of law---Sufficient material oral and documentary was available on the record to establish that the case of the accused did not fall within the purview of section 497 (2), Cr.P.C. calling for further inquiry into his guilt---Petition for leave to appeal was dismissed, and accused was refused bail
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