The foundational elements to constitute an offence under Section 489-F are the issuance of the cheque with dishonest intent, the cheque should be towards repayment of loan or fulfiUment of an obligation, and lastly that the cheque is dishonoured.
In this view of the matter, the question whether the cheque was issued towards fulfilment of an obligation within the meaning of section 489-F P.P.C. is a question, which would be resolved by the learned Trial Court after recording of evidence. The petitioner is behind the bars since his arrest. The maximum punishment provided under the statute for the offence under section 489- F, P.P.C. 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.
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.L.A.240/2024
Ali Anwar Paracha v. The State thr. A.G. Islamabad and another
Mr. Justice Syed Hasan Azhar Rizvi
04-06-2024
2024 SCP 234
0 Comments