DISHONOURED BANK CHEQUES (BAIL DISMISSED)

IN THE COURT OF (NAME OF THE JUDGE),  ADDITIONAL SESSIONS JUDGE, (NAME OF THE CITY).

Name of the petitioner Versus State

Case FIR No.	Offences	Police Station
000/0000	489-F PPC

Pre arrest bail Petition.

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Present       Accused/petitioner on interim bail along with his counsel (Name of the petitioner Advocate).

                   Learned Deputy District Public Prosecutor for State.

                   (Name) Advocate for complainant.

                   This order will dispose off pre arrest bail of the accused/petitioner in the above noted case.

2.                Brief facts as alleged in the FIR lodged at the instance of complainant are that he sells machines. That petitioner purchased knitting machines worth Rs. 234,000/- from the complainant. That in this regard, petitioner paid Rs. 34,000/- to the complainant in cash whereas he gave cheque  No. 000000 and Cheque No. 000000 both dated 00.00.0000 both in the sum of Rs. 100,000/- each of (name of the bank). The complainant presented both the cheques and the said cheques were dishonored due to insufficient funds in the account of petitioner. That complainant approached the petitioner who sought extension of four months and again undertook to arrange sufficient funds in his bank account. That after expiry of extension, the complainant again presented both the cheques  for encashment  on 00.00.0000 but again  both the cheques were dishonored due to insufficient funds in the account of the petitioner.

3.                Learned counsel for the petitioner contended that petitioner had made a ledger which shows payments to complainant. That petitioner paid Rs. 220,000/- in total but the complainant is annoyed due to piecemeal   payments.  That the petitioner gave another cheque  No. 0000000 in the sum of Rs. 20,000/-  to complainant which was returned by complainant but the cheques in question were not returned. That the IO gave opinion that payment had been made to the complainant. That the petitioner did not sign the cheques again regarding change in dates. That nothing is to be recovered.  That the investigation is complete. Reliance was placed on 2011 SCMR 1708, 2011 YLR 959 and 2011  YLR 1219.

4.                Learned DDPP assisted by learned counsel for the complainant submitted that there is no malafide or ulterior motive on part of complainant. That the ledger of petitioner is self-concocted. That there are no signatures of complainant regarding alleged receipt of money. That petitioner is not entitled to extra ordinary relief of pre arrest bail.

5.                I have heard the arguments and perused the record.

6.                 As far as authorities  reported as 2011 SCMR 1708 and 2011 YLR 959 are concerned,  the same pertain to post arrest bail application. As far as authority reported as  Sardar Nisar Ahmed Vs State ( 2011 YLR 1219) is concerned,  in the said case the matter was referred to Traders Welfare Association with the consent of parties and regular receipt as well as proceedings conducted by arbitrators were  available which showed that amount payable under the cheque was no more due.  In the instant case the alleged ledger which is in hand of petitioner is personal record of petitioner and there is no receipt or record bearing signatures of complainant. The two cheques in question both in the sum of Rs. 100,000/- were admittedly issued by the petitioner to complainant and both the cheques were admittedly dishonored twice due to insufficient funds in the account of petitioner.  The IO of the case is of the opinion that the petitioner had paid the amount due under the cheuqe to complainant but I may again mention that this opinion of IO is not based on any credible document.  The signatures of complainant or tangible proof of receipt of any amount by complainant is not available in the case. The petitioner also failed to establish malafide or ulterior motive of complainant. Rather dishonor of both the cheques twice hints towards malafide of petitioner. In these circumstances, petitioner is not entitled to extra ordinary relief of pre arrest bail, therefore, petition is dismissed and ad-interim pre arrest  already granted  to the petitioner is recalled. Copy of this order be sent to the learned Allaqa Magistrate. File be consigned to the record room after its due completion.

Announced

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Addl: Sessions Judge

                                                                                                              (City).