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Dishonestly Issuing a Cheque 2014 SCMR 1032 Supreme Court

2014 SCMR 1032 Supreme Court Dishonestly Issuing a Cheque

S. 497—Penal Code (XLV of 1860), S. 489-F —Constitution of Pakistan, Art. 185(3)—Dishonestly issuing a cheque—Bail, grant of—Over-writing on cheque—Complainant alleged that he paid the accused different amounts from time to time for purposes of business, and the accused issued him a “self cheque” for returning the said amounts,

however the cheque was dishonoured on presentation—Cheque in question had some overwriting upon the date of the cheque and the amount in figure—Said cheque was not issued in favour of the complainant, and there was no amount mentioned on it in words—No evidence was available with the complainant to show as to how, when and by what process various amounts were paid to the accused for business purposes—Maximum sentence for offence under S. 489-F , P.P.C. was three years imprisonment, thus it did not fall within the prohibitory clause of S. 497, Cr.P.C.—Accused was behind bars for the last about six months— Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail.

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