2024 MLD 1363
Ss .512 & 173 --- Proclaimed offender --- Period in the proclamation for appearance of the accused --- Scope --- Though it was contented by the prosecution that non - bailable warrants of arrest of the petitioner was issued after five days of registration of case against him ; then after seven days , proclamation against him was issued and then after two days challan report under S.173 , Cr.P.C. , for proceedings under S.512 , Cr.P.C. , was submitted ; yet the petitioner was arrested in the present case after a month of issuance of non - ballable warrants and was sent to jail the next day --- Since period in the proclamation for appearance of the accused could not be less than 30 days as per statute and admittedly the petitioner was arrested after about 21 days of issuance of proclamation .e . before expiry of prescribed period of 30 days , therefore , he could not be termed as proclaimed offender .
Section 489 - F , Penal Code , 1860 ( P.P.C. ) , was brought on the statute for the purpose of awarding punishment to the person , who issues the cheque dishonestly for repayment of a loan or fulfillment , of an " obligation " , which is dishonoured on presentation --- For invoking section : 489 - F , P.P.C. , mere issuance of cheque or its dishonouring is not sufficient rather first of all it will have to be proved as a " must " that cheque was issued for repayment of loan or fulfilment of obligation , meaning thereby that there must be material available on the record to show loan or obligation .
S. 489 - F --- Dishonestly issuing a cheque --- Post arrest bail , grant of --- Further inquiry- Record revealed that though it was mentioned in the FIR that complainant had to take amount ( Rs 32,00,000 / - ) from the petitioner / accused yet during entire investigation of the case , it had not come on the record that when , before whom and for which reason as well as for what purpose , said amount was given by the complainant to the petitioner and how it was due to complainant from him ( petitioner ) , therefore , applicability of S.489 - F P.P.C. in the present case itself requires further probe / inquiry within the purview of subsection ( 2 ) of S.497 , Cr.P.C --- Bail was granted to the accused , in circumstances 2024 MLD 1363
Section 489 - F , P.P.C. , is not brought on the statute for using the same as a tool for recovery of the amount , rather for the purpose of awarding punishment to the person , who issues the cheque dishonestly for payment of a loan or fulfilment of an " obligation " , which is dishonoured on presentation --- Although cheque involving huge amount had been dishonoured in the present case yet punishment for the offence under S.489 - F , P.P.C. , is three years , or fine , or both and of course said punishment does not fall within theambit of prohibition contained in Section : 497 Cr.P.C -- Grant of bail in such like cases is a rule and refusal is an exception - 2024 MLD 1363
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