Question whether the cheque was issued towards repayment of loan or fulfillment of an obligation within the meaning of Section 489-F PPC is a question , which would be resolved by the learned Trial Court after recording of evidence .

 Admittedly , the petitioner was tenant of the complainant and prima facie any claim for recovery of rent falls within the domain of Rent Controller . In this view of the matter , the question whether the cheque was issued towards repayment of loan or fulfillment of an obligation within the meaning of Section 489-F PPC is a question , which would be resolved by the learned Trial Court after recording of evidence .

The maximum punishment provided under the statute for the offence under Section 489 - F PPC is three years and the same does not fall within the prohibitory clause of Section 497 Cr.P.C. It is settled law that grant of bail in the offences not falling within the prohibitory clause is a rule and refusal is an exception .

The liberty of a person is a precious right which cannot be taken away without exceptional foundations.

Mere registration of other criminal cases against an accused does not disentitle him for the grant of bail if on merits he has a prima facie case .

Crl.P.717 of 2023
Zafar Nawaz vs The State
22-08-2023