CASE LAWS ON SECTION 489-F PPC

CASE LAWS ON SECTION 489-F PPC
2006



1. PLD 2006 Lah 752 (a) :
Purpose of 489-F was to curb the fraudulent or dishonest issuance of cheques to cause dishonest gain or to cause dishonest loss, before approaching the investigation agency or launching a Criminal Prosecution the payee could give a notice to the drawer after dishonor of cheque.

2. 2006 MLD 1184(b) :
High Court holding that civil suit and criminal proceedings were two different remedies provided by law having different consequences as in commission of an offence.
Exercise of right of filing of suit could not create any hindrance in way of lodging F.I.R. Under Section 489-F P.P.C.

3. 2006 P Cr L J.157, 2005 P Cr L J.684 , 2005 YLR 1565 :
Petitioner in his application filed under section 22-A Cr PC . for registration of case for offence under section 489-F PPC, against the person who issued a cheque in favour of the petitioner and was bounced. But the Additional Session Judge dismissed his application on ground that which had introduced offence under Section 489-F PPC had died its natural death, and honorable High Court set aside the order of Additional Session Judge.

4. 2006 YLR 1826 :
Section 489-F. No retrospective effect of this section, and accused could not have been tried for the offence under Sec. 489-F PPC.

5. PLD 2006 Lah 434(a):
Section 489-F. Provision of section489-F, P.P.C. is a valid and living law. (2005 P.Cr.L.J 1462).(Shabbar Raza Rizvi ).

6. 2006 YLR 1852 :
Ali Nawaz Chowhan, J
a) Section 497(1)(5) ---Penal Code (XLV of 1860), S, 489-F--- Bail grant of— Section 489-F P.P.C. would only be relevant where in respect of a loan or non-fulfillment of an obligation, a cheque was issued and it got dishonoured in the way mentioned under said section --- Section 489-F, P.P.C. would not be attracted for any other purpose --- Colollary of that would be that cheques which were issued otherwise than for purpose of re-payments of loans or fulfillment of obligation, would not be covered by definition of S. 489-F, P.P.C. --- Applications asking for cancellation of bail, were dismissed because none of those pertained to the purpose as defined – Application asking for grant of post-arrest bail, was allowed, accordingly.

b) Section 489-F would only be relevant where in respect of a loan or non-fulfillment of an obligation. The Cheque was issued and got dishonored the way mentioned under said section.

7. 2006 P.Cr.L.J. 187(a):
Quashing of F.I.R.
The Cheque was issued before the section 489-F on the statute book. So no retrospective operation. F.I.R. Quashed.

8. 2006 P. Cr. L. J. 1779: (LAH)
Muhammad Nawaz Bhatti, J
S—497(5)—Penal Code( XLV of 1860), S. 489-F--- Application for cancellation of bail--- Delay of eight months in lodging F.I.R.--- Respondent/accused was not a previous convict—No proof was on the file to show that the accused had misused concession of bail or any likelihood was of his abscondance--- Offence against accused of bail or any likelihood was of his abscondance--- Offence against accused did not fall in the prohibitory clause of 497, Cr.P.C.—Civil litigation was pending between accused and petitioner/complainant and it was yet to be seen whether disputed cheques was issued with criminal intention to deceive the complainant --- Challan had been submitted in the Court and the trial had commenced--- Consideration for Cancellation of bail were different from the consideration for grant of bail.---Strong and exceptional grounds were needed for cancellation of bail after bail was granted by the competent court. Bail had been granted by competent court. Bail had been granted to accused for valid reasons and it was not a fit case for cancellation of bail as strong and exceptional grounds which were needed to get it cancelled were not available. Trial Court had rightly exercised jurisdiction in the matter of grant of bail to accused.--- Petition for cancellation of bail, was dismissed.

9. PLD 2005 Lah 607 (b):
Rational behind the enactment of Sec.489-F PPC. Does not call for a mechanical action immediately when a cheque is returned by a banker, but it used only in the matter of payment of loan, business transactions, genuine disputes and contractual obligations may not constitute for the offence.

10. 2005 SCMR 306:
Quashing of F.I.R.
Cheque was dishonored and complainant laughed an F.I.R. against the accused. Accused raised plea that the disputed entire amount was paid but from different account. F.I.R. was quashed.

11. 2005 P.Cr.L.J 144 :
Quashing of F.I.R.
Cheque was dishonored and complainant laughed an F.I.R against the accused but during investigation he had been found prima-facie innocent and F.I.R was quashed.

12. 2006 P.Cr.L.J 522(a) :
Sec 497(2)
Sec 489-F. Bail Grant Of. ----Civil court was to determine as to whether the agreement in question was enforceable under the law or not—Cheque which was dishonored by the Bank on presentation had been issued by the first party as guarantee in favour of the second party---Second party was to recover the amount through the Court of law at the risk and cost of the first party---Case against accused, therefore, to all intents and purposes was of further inquiry within the meaning of S.497(2), Cr.P.C.—Offence under section 489-F P.P.C. did not fall within the prohibitory clause of S.497(1),Cr.P.C. and bail in such cases was a rule and refusal an exception—Accused being a lady was also entitled to grant of bail under first proviso to S.497,Cr.P.C,--Consideration for grant of bail before arrest and for grant of after arrest being altogether different, dismissal of the application of the accused for pre-arrest bail by the High Court earlier had no hearing on the merits of the present application for post-arrest bail---Accused was in jail for the last about two months--- Bail was allowed to accused in circumstances.


13. 2006 YLR 23 (Lah) :
M. Nawaz Bhatti, J
---S, 498---Pakistan Penal Code (XLV of 1860), S, 489-F--- Pre-arrest bail, refusal of—
Issuance of cheque in question, presentation of same before concerned Bank and its dishonour, were admitted facts--- Accused had to failed to point out any malafide or ulterior motive on the part of prosecution to falsely involve him in the case--- Bail petition of accused was dismissed, in circumstances.


14. 2006 YLR 50 (Lah) :
Fazal-e-Miran Chauhan, J
---S, 498---Pakistan Penal Code (XLV of 1860), S, 489-F--- bail before arrest, grant of—
Accused had been dealing in business with complainant on basis of agreement ---- As per working relationship of accused and complainant, accused used to issue post dated cheques to complainant and accused, who was working as distributor of complainant, after selling goods of complainant in the market and effecting recoveries from the market, had been making payment to complainant who, in lieu thereof, used to return post-dated cheques received by him as a security in lieu of goods given by him to accused--- Some dispute regarding supply of substandard goods took place between accused and complainant and accused demanded refund of price of substandard goods supplied by complainant and on that account dispute arose between parties and payment was stopped by accused.----Accused apprehended some action from complainant with regard to cheques, filed civil suit seeking declaration, cancellation if cheques, permanent injunction, specific performance of agreement and renditions of accounts----Civil court vide its order suspended operation of disputed two cheques and directed complainant not to encash same till further order—Despite such order of civil court, disputed cheques were presented by complainant and same were returned by Bank constituting offence under Sec. 489-F, P.P.C. and as a result of which F.I.R. was registered against accused---- Contention of complainant that civil suit was filed by accused seeking suspension of disputed cheques, was repelled as said cheques were not in existence when said suit was filed by accused---Was yet to be seen whether cheques in dispute were issued with criminal intention to deceive complainant---Bail already granted to accused, was confirmed, in circumstances.

15. 2006 YLR 406 (Lah) :
Sh Javaid Surfraz, J
---S, 498---Pakistan Penal Code (XLV of 1860), S, 489-F--- Pre-arrest bail, grant of—
Business dealing existed between accused and complainant and due to said dealings cheque in question was handed over to complainant---Amount of cheques in question, had already been paid to complainant in due course of time and said cheque was not to be presented to bank for encashment---In order to attract Sec 489-F, P.P.C. element of dishonesty should be shown, which element was absent in the present case as amount had already been paid to the complainant--- Dishonoring of Cheque would not mean that criminal case be registered forthwith, but purpose for which cheque was issued should be taken into account before initiating criminal action--- Accused, in circumstances had made out a case of further inquiry into his guilt--- Offence with which Accused was charged being punishable only with three years’ R.I., would not fall within prohibitory clause of S.497 Cr.P.C.,--- Grant of bail, in such-like cases, was a rule and its refusal an exception--- Pre-arrest bail was already granted to accused, was confirmed in circumstances.

16. 2006 YLR 1452 (Lah) :
Ijaz Ahmad Chaudhry, J
---S, 497(1)---Penal Code (XLV of 1860), S, 489-F--- Bail grant of—
Offence did not fall within the prohibitory clause of S.497 Cr.P.C. and grant of bail in such-like cases was a rule and refusal an exception--- Accused was behind the bar since his arrest --- No exceptional circumstances were found in the case for refusal of bail to accused --- Accused was released on bail, in circumstances.

17. 2006 YLR 2042(1) (Lah) :
Sardar M. Aslam, J
---S, 497---Penal Code (XLV of 1860), S, 489-F--- Bail, grant of—
Civil suit being pending adjudication in respect of dispute raised in F.I.R., Accused was admitted to bail, in circumstances.

18. 2006 YLR 1828 (Lah) :
M. Bilal Khan, J
---S, 498---Penal Code (XLV of 1860), S, 489-F---Pre-arrest Bail, refusal of—
Accused who was allowed bail in a case, when came out of court room was apprehended by police officer--- Inquiry had revealed that said subsequent arrest was being sought in a different case registered against him which was subject-matter of present bail application and not in the case in which he had been allowed ad interim pre-arrest bail, whereupon accused was handed over to police – Contention of accused that once bail application had been filed in the office, police could not effect arrest of accused had no substance – Accused had already been formally arrested when present petition came up before the Court for hearing--- Bail petition for Pre-arrest bail thus having become infructuous, was dismissed.

19. 2006 YLR 1891 (Lah) ;
Sh. Hakim Ali, J
---S, 497(2)---Penal Code (XLV of 1860), S, 489-F--- Bail, grant of—
Further inquiry --- Cheque number, dated, month and year was not mentioned in the F.I.R. --- Time when said cheque was delivered to the informant and before whom it was given, was also not mentioned --- After registration of F.I.R. cheque was got recovered by the police from accused, but recovery memo, did not contain any date, month or year when it was recovered --- All said facts required a thorough probe into the case, which could be made after evidence was brought on the record by prosecution in the trial --- Case of accused being a case of further inquiry, he was admitted to bail accordingly.

20. 2006 YLR 3043 (Lah) :
M. Bilal Khan, J
---S, 498---Penal Code (XLV of 1860), S, 489-F--- Pre-arrest Bail, refusal of—
Issuance of cheques in question by accused stood admitted—Accused during investigation, was found guilty --- Prima facie there appeared to be material evidence available on record connecting accused with the commission of crime --- Counsel for accused had not been able to point out any malice, the basic ingredient for the grant of pre-arrest bail, either on the part of the complainant or the police to involve him falsely in the case – Complainant had been alleged deprived of a huge amount at the hands of accused – Accused could not be admitted to pre-arrest bail --- Bail petition was dismissed and interim anticipatory bail allowed to accused, was recalled.

21. 2006 YLR 3199 (Lah) :
Syed Shabbar Raza Rizvi, J
---S, 497---Penal Code (XLV of 1860), S, 489-F--- Bail grant of—
Challan submitted in Court --- Custody of accused not required for investigation --- Accused remained in jail for more then two months --- Offence not falling within the prohibitory clause of S. 497, Cr.P.C. --- Accused was granted bail in circumstances.