2023 SCMR 748
489 - F --- Constitution of Pakistan , Art . 185 ( 3 ) --- Dishonestly issuing a cheque - Pre - arrest bail , grant of --- Further inquiry --- Admittedly , it was the accused himself who stopped the payment of the cheque on the ground that the cheque had been removed from his cheque book illegally / unauthorizedly --- Further there was inordinate delay in registration of FIR , which had not been explained --- As yet no proof had been tendered to show that the disputed amount was paid to the accused by the complainant -- No evidence was available on record , at present stage , with regard to the stated ingredients of section 489 - F , P.P.C. , which may bring it within the ambit of mala fide on the part of the complainant --- In such circumstances this also made it a case of further inquiry --- Petition for leave to appeal was converted into appeal and allowed , and accused was admitted to pre - arrest bail . --
0 Comments