Friday, 11 September 2015

DISHONOR CHEQUE “2013 YLR 2079, PLD 2013 2781, PLD 2013 Lahore 173, 2012 YLR 2789” BAIL DISMISSED



Ali              Versus            The State
00.00.0000.
Present:
Learned counsel for the petitioner.
            Learned ADPP for the State.
            Police Officer along with record.  
            Learned counsel for the complainant.
          The instant petition for bail after arrest has been filed in Case FIR No.000/0000 dated 17.06.0000 U/S 489-F PPC P.S. ABC, XYZ.

2.      Succinctly facts giving rise of lodging of the FIR are that the complainant deals in sale and purchase of grain bags. The petitioner/accused used to take grain on credit from the complainant. Such a way the complainant has business deal with the petitioner/accused and in this connection amount Rs.2,630,000/- was outstanding against the petitioner/accused for payment of which he handed over a cheque worth Rs.2,630,000/- dated 05.01.0000 which was presented in the concerned bank and same was dishonoured. Hence, the case.  
3.      Learned counsel for the petitioner has contended that the story of FIR is false, frivolous as petitioner is innocent person. That there is inordinate delay of four months in lodging of the FIR. He has further contended that cheque in question was stolen by one Haji ( an employee)  from his office along with blank other cheques and the instant cheque has been filled by the complainant himself and himself endorsed the signatures and cheque was not dishonoured due to insufficient funds but was dishonoured due to signatures differ. That case is open to further inquiry and mere absconsion of the petitioner is not a hurdle in the grant of bail. That the petitioner has filed civil suit for the cancellation of the said cheque and other cheques which is pending adjudication in the civil court, XYZ. That during the course of investigation nothing has been recovered from the possession of the petitioner and he is ready to furnish bail bonds as per satisfaction of this court. He has further contended that I.O. has not conducted the investigation properly and in this context the Hon’ble Lahore High Court, Lahore has given direction to I.O. that even then he has not properly investigated the matter and till today he has not verified the signatures of the petitioner from the finger expert. He has placed reliance on the esteemed judgments reported as “2013 YLR 2079, PLD 2013 2781, PLD 2013 Lahore 173, 2012 YLR 2789” and has finally prayed for acceptance of the instant bail application.  
4.      On the other hand, learned Public Prosecutor for the state assisted by learned counsel for the complainant has vehemently opposed the bail petition and has contended that the petitioner is specifically nominated in the FIR. He has further contended that the matter of huge amount is involved in this case. So far as the contention of the petitioner about theft of cheques is concerned, petitioner/accused filed an application U/S 22-A/22-B of Cr.P.C. for registration of case which was dismissed by Ex-Officio Justice of Peace/Addl, Sessions Judge, XYZ vide order dated 00.00.0000. It is further contended by him that civil suit has been filed malafidely after lapse of about three months and all of the facts depict that the petitioner/accused remained trying to create his defence but he remained failed in this respect. There is no element of further inquiry in the instant case. Hence, he is not entitled to the concession of post arrest bail.  
5.      Arguments heard. Record perused.
6.      It is evident from the record that the petitioner is specifically nominated in the FIR with specific allegation of issuing cheque No.0000000000000000 valuing Rs.26,30,000/- dated 00.00.0000 which was allegedly dishonoured by the concerned bank on its presentation. It is pertinent to mention here that civil suit was filed on 00.00.0014 whereas, petition U/S 22-A/22-B of Cr.P.C. was filed on 00.00.0014. Whereas, the instant FIR was got registered on 00.00.0013. Meaning thereby that both the said suit as well as petition U/S 22-A/22-B of Cr.P.C. were filed after lapse of about three months from the date of FIR and seven months after the date of occurrence. It is also pertinent to mention here that mere pendency of civil suit is not suffice to bring the case of present petitioner in the ambit of further inquiry. It is also pertinent to mention here that during the course of investigation the present petitioner was declared guilty. Admittedly the offence U/S 489-F PPC is maximum punishable up to three years R.I. and ordinarily in such like cases grant of bail is a rule and refusal is an exception. The Legislature has intentionally kept this offence as non-bailable and it is consistently been held by the August Supreme Court that in non-bailable offences grant of bail is not the right of accused and it is a concession and grant of bail in cases not falling within the domain of prohibitory clause of proviso 2 of section 497 of Cr.P.C. is not a rule of universal application. Each case is to be seen through its own peculiar facts and circumstances. Grant of bail, no doubt, is discretion granted to a court but its exercise cannot be arbitrary, fanciful or perverse. I have gone through the judgments tendered by learned counsel for the petitioner/accused which dissimulate with the facts and circumstances of the instant case. In view of the above circumstances, when the petitioner is specifically nominated in the instant FIR with the allegation of issuing cheque of huge amount which was dishonoured by the concerned bank. There is nothing on the record which brings the case of the present petitioner in the ambit of further inquiry. Hence, petitioner is not entitled for concession of bail. Resultantly, finding no merit in this petition same is hereby dismissed. File be consigned to record room after its due completion.
Announced.
Date
Judge

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