CHEQUIE ISSUED AS GURANTEE (DISHONOURED/BOUNCED)

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

Naeeem  Versus  The State

Case FIR No.	Offences	Police Station
207/0000	489-F PPC	ABC, XYZ.

POST ARREST BAIL PETITION.

DD.DD.2015

Present        Learned counsel for petitioner.

                   Public Prosecutor for State.

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

                   Petitioner allegedly issued a bank cheque in the sum of Rs. 1,400,000/- to Beverage Company Pvt. Limited which was dishonored on presentation. The FIR was lodged at the instance of Manager Legal Affairs of the said company.

                 Learned counsel for the petitioner submitted that there is delay of six months in lodging the FIR. That petitioner did not have any liability towards the complainant’s company and he gave blank cheque  as guarantee to company.  That addresses of the witnesses are not disclosed in FIR. That actually the company owes Rs. 1600,000/- to petitioner and the petitioner has filed a suit for rendition of accounts. That case requires further inquiry. That the offence is punishable with imprisonment of three years only. Reliance was placed on PLD 195 SC 34 and 2015 P.Cr. L.J. 95.(favour)

                   Learned counsel for the complainant submitted that petitioner is Ex-Distributor of Beverages Co. Pvt. Limited. There is no ulterior motive or malafide on behalf of the company or complainant. That the cheque was issued by petitioner in presence of the witnesses. That signatures on cheque and its dishonour are admitted. That the petitioner was found guilty during investigation. That delay was caused by petitioner  who kept on promising to pay the amount.  That petitioner remained fugitive from law.  That huge amount involved. Reliance was placed on 2012 YLR 2748 (Peshawar).  (Against)

                   I have heard the arguments and perused the record.

                   The offence is punishable only with imprisonment up to  three years or fine or both. The petitioner was sent to judicial lock up on 06.02.2015 and he is not more required for investigation. Any previous criminal record of petitioner is not  shown. Therefore, while granting concession of bail to petitioner, petitioner is ordered to be released on bail subject to his furnishing bail bonds in the sum of Rs. 500,000/- with one surety in the like amount to the satisfaction of learned trial court. Copy of this order be sent to the concerned court.  File be consigned to the record room after its due completion.

Announced

dd.mm.2015

Judge