2019 YLR 2379 Judgment ::: The word “Dishonestly” used in Section 489-F PPC, which means either wrongful gain or wrongful loss. The prosecution has to prove that the accused issued the cheque dishonestly and that the cheque was issued for the repayment of loan or fulfillment of obligation.
S…497(5)…Penal Code…Sec. 489-F…Dishonestly issuing a cheque…Pre-arrest bail, cancellation of …Petitioner sought cancellation of Pre-arrest bail granted to accused…Prosecution case against accused was that he had received certain sum of amount from the petitioner in the presence of witnesses with commitment to return the same…Accused thereafter issued a cheque in the presence of another witness but the said cheque was dishonored by the Bank on its presentation…Huge amount was involved in the case and while lodging FIR petitioner had given the names of witnesses had in their statements recorded under Sec. 161 CrPC asserted that petitioner had handed over the said amount to the accused…Trial Court, while confirming ad-interim pre-arrest bail had not only discussed the facts and evidence of the case in detail but also imprinted the snaps of case diaries…Trial Court had not highlighted and identified any element of mala fide or ulterior motive on the part of the complainant or police towards the accused person, which was a condition precedent to award extraordinary relief in the shape of pre-arrest bail…Petition for cancellation of bail was allowed in circumstances.
Main Ingredients of 2019 YLR 2379 Judgment:-
Section 497(5) CrPC
Section 489-F PPC
Dishonestly issuing a cheque
Element of Mala Fide or Ulterior
Section 161 CrPC
CH MUHAMMAD SHAHID BHALLI
Advocate High Court