DISHONOURED CHEQUES

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

(NAME OF PETITIONER) Versus  The State

Case FIR No.	Offences	Police Station
00/0000	489-F PPC

POST ARREST BAIL PETITION.

09.00.0000

Present        (NAME) Advocate for petitioner.

                   DDPP for State.

                   The petitioner allegedly issued two cheques of Bank of (BRANCH NAME) each dated 00.00.0000 and 00.00.0000 respectively in the sum of Rs. 100,000/- each to complainant  which was dishonoured on presentation before the Bank.

2.                Learned counsel for the petitioner submitted that  there is unexplained delay of six months  in lodging the FIR. That time, date and place of issuance of cheques are not mentioned in the FIR. That any witness is not cited before whom cheques were given.  That any detail of business transaction is not disclosed in the FIR. That petitioner was doing a job in Sargodha (city)  and he did not have any knowledge of FIR against him.  That the offence is punishable with imprisonment of three years only and it does not fall under prohibitory clause of section 497 of Cr.P.C.  That petitioner is behind the bars  and he is no more required for further investigation.  That petitioner is non-convict  and any previous criminal record of the petitioner is not shown. Reliance was placed on  PLJ 2005 Cr. C. (Lahore) 84, 2006 P. Cr. L.J. 47          (Lahore), 2008 YLR 762 (Lahore),  PLJ 2011 Cr.C. (Lahore 269,  2011 SCMR 1709 and PLJ 2011 Cr.C. (Lahore) 1041.

3.                Learned DDPP submitted that liability is admitted. That issuance of cheques  and signatures are admitted. That  proclamation of  petitioner under section 87 of Cr.P.C. was issued and he was arrested.

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

5.                The total amount involved in the dishonoured cheques is  Rs. 200,000/- only. The petitioner is in judicial lock up  since 31.01.2015 and he is no more required for investigation.  The offence does not fall under prohibitory clause of section 497 of Cr.P.C. Any previous criminal record of the petitioner   is not  shown,  therefore, while granting bail to petitioner, petitioner is ordered to be released on bail subject to his furnishing bail bonds in the sum of Rs. 100,000/- with two sureties each in the like amount to the satisfaction of concerned learned Judicial Magistrate. 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)  

Addl: Sessions Judge

                                                                                        (City) 

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

(DATE)  

Addl: Sessions Judge

                                                                                        (City)