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Dishonestly Issuing a Cheque 2013 SCMR 51 Supreme Court

2013 SCMR 51 Supreme Court Dishonestly Issuing a Cheque

S. 498—Penal Code (XLV of 1860), S.489-F —Dishonestly issuing a cheque—Pre-arrest bail, confirmation of—Cheque issued as security and not towards repayment of outstanding loan or fulfilment of an obligation—Effect—Complainant alleged that accused owed him a sum of money and paid the cheque in question, which was dishonoured on presentation—

Accused contended that cheque in question had only been issued as security when both parties agreed to settle their dispute through arbitration—Validity—Issuance of cheque in question appeared to be connected with the arbitration accord—Investigation officer stated that cheque was issued by way of security rather than for discharge of liability—Prima facie circumstances indicated that cheque in question was not issued towards repayment of some outstanding loan or fulfilment of an existing obligation instead it had been issued to meet a possible future obligation, therefore, foundational elements of S.489-F , P.P.C. were prima facie missing—Pre-arrest bail of accused was confirmed in circumstances.

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