Dishonoured Cheques (Bail dismissed)

Dishonoured Cheques (Bail dismissed)

PLJ 2015 Cr.C. (Lahore) 328

PLJ 2015 Cr.C. (Lahore) 313

                   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.

(Date)

Present        Accused/petitioner on ad-interim pre arrest bail along with his counsel (name of the Advocate).

(Name Of The DDPP)  Deputy District Public Prosecutor for State.

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

2.                Petitioner/accused allegedly issued Cheque No. 00000000  dated 00.00.00000 in the sum of Rs. 500,000/- of (name of the Bank and branch office)  to complainant which was dishonoured  on its jurisdiction before the Bank on 00.00.0000.

3.                Learned counsel for the petitioner submitted that FIR was lodged on 18.03.0000. The complainant had went to USA on  00.00.0000. That Power of Attorney of complainant was filed in the instant petition on 00.00.0000 which is not signed by complainant and the petitioner reserves right to proceed in this regard.  That petitioner and complainant dealt in property. That the cheque was given as security.  That complainant also owed to petitioner.  That offence falls under prohibitory clause of section 497 Cr.P.C.  The petitioner does not have any previous criminal record.

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

5.                The cheque in question and its dishonor slip are placed on police file which prima facie establishes offence under section 489-F PPC against the petitioner. The authority  reported as Muhammad Arif Versus  State and another  PLJ 2015 Cr.C. ( Lahore) 328 pertains to post arrest bail matter and not to pre arrest bail. The authority  reported  and PLJ 2015 Cr.C. ( Lahore) 313 as Sajjad Ahmad Waseem  Versus State and another  pertains to a matter where trial against the petitioner  had already commenced  and he was appeared  before the trial court.  Case in hand  is at the stage of investigation. Any ill-will on part of the complainant or police is apparently not established. Therefore, the petitioner is not entitled to extraordinary relief of pre arrest bail, petition is dismissed and ad-interim pre arrest  already granted  to the petitioner is recalled. Copy of this order be sent to the concerned learned Judicial  Magistrate. File be consigned to the record room after its due completion.

Announced

(Date)

(Name of the Judge)

Additional Sessions Judge

                                                                                 (Name of the City) 

It is certified that this order consists of TWO pages, each page, dictated, corrected and signed by me.

(Date)

(Name of the Judge)

Additional Sessions Judge

                                                                              (Name of the City)