Saturday, November 21, 2009

CASE LAWS ON SECTION 489-F PPC

CASE LAWS ON SECTION 489-F PPC
2008

1. 2008 YLR 328: (Lahore)
Before Fazal-e-Miran Chauhan, J
Sec. 497(5) Penal Code .Sec 489-F P.P.C, Bail, Cancellation of ---- After transfer of investigation, the police, in the subsequent investigation, having declared accused as guilty, his case fell under sub-clause (ii) of S. 497(5), Cr. P.C.---Complaint,, who was necessary party, was not present at the time of granting bail to accused---Court confirmed bail before arrest of accused was found innocent and a compromise had also been effected between the parties, however in the subsequent investigation accused was found guilty--- After second investigation the police had collected record making out a reasonable ground for believing accused to be guilty of offence under Sec. 489-F, P.P.C, which was sufficient ground to re-call the earlier order obtained by misrepresentation--- Mere fact that offence against accused did not fall within prohibitory clause of S.497(1), Cr.P.C. bail could not be claimed as a matter of right—Bail granting order passed by the Court was recalled.

2. 2008 YLR 760 (LAH) :
Muhammad Akhtar Shabbir, J
---S, 497---Penal Code (XLV of 1860), S, 489-F--- Bail, Refusal of—
Accused seemed to be in habit of committing fraud with people--- Offence Under S, 489-F, PPC, though did not fall with in the prohibition as contained in S-497 Cr. P.C., but in the present case of Rs. 1,50,00,000/- was involved—If accused was released on bail, likelihood was of his absconsion from the country--- Cases which were not covered within the prohibition clause as contained in S-497, Cr.P.C, grant of in such cases through was a rule and refusal an exception, but in view of circumstances , the case was covered within the exceptional clause of the rule---Sufficient material being available on record to connect accused with the commission of the offence., bail petition of accused was dismissed.

3. 2008 YLR 762 (LAH) :
Fazal-e-Miran Chauhan, J
---- S, 497—Penal Code (XLV of 1860), S, 489-F—Bail Grant of—
Offence against accused did not fall within the prohibitory clause of S, 497, Cr.P.C. maximum punishment of which was only 3 years--- Accused was in jail for the last 2 months---dispute arose between the parties on account of business transaction and in that connection Civil litigation was pending between the parties before the competent Court—Accused was no more required by the police and nothing was to be recovered from him--- Keeping accused behind the bar for an indefinite period would not serve or advance the prosecution case and it would amount to punishment before the conviction, which was not permissible under Criminal jurisprudence—Accused was admitted to bail, in circumstances.

4. 2008 SCMR 164 :
Rana Bhagwandas. Acting CJ
Sardar M. Raza Khan, JJ
Sec. 497(5) Penal Code (XLV of 1860),Sec 489-F P.P.C, Dismissed.
Constitution of Pakistan (1973), Art,185(3)--- Application for cancellation of bail, refusal of--- Accused earlier had been admitted to pre-arrest bail which had been maintained by High Court—Bail of accused had been cancelled only due to his absence during trial and he was taken into custody—High Court thereafter refused the accused on bail---admittedly accused was a citizen also of Norvey and usually resided there--- High Court had rightly observed that the accused was never served in connection with proceedings at trial--- Trial Court had fallen into a misconception that absence of accused was bound to entail the cancellation of bail under the orders of High Court--- Sessions Court had maintained the Order of Trial Court without even hearing the accused whose bail stood cancelled and who was then in custody--- Reasons advanced by High Court for granting bail to accused did not suffer from any infirmity--- Leave to appear was declined to complainant in circumstances.

5. 2008 MLD 450 (Lah) :
M Bilal Khan J
---S, 497---Penal Code (XLV of 1860), S, 489-F--- Bail, Refusal of—
Accused had been taken divergent stands at different times; at one stage he stated that he had been compelled by the S.H.O. to execute the cheques in question while he was in illegal custody at the Police Station whereas on another occasion he stated that since the complainant being a Police Official he forcibly procured the cheques from him---Accused had also filed a suit for permanent injunction seeking a stay order against presentation of cheques---Filing of Civil suit by accused instead of strengthening his case, had weakened the same---Accused did not deserve the concession of bail in view of peculiar facts and circumstances of the case.

6. 2008 P. Cr. L.J 412 (KAR) :
Syed Zawwar Hussain Jaffery, J
---S, 497---Penal Code (XLV of 1860), S, 489-F--- Bail, Grant of—
Delay of 84 hours in lodging F.I.R was not explained properly—Complainant was not owner of property, but he had left rented premises after termination of tenancy--- Counter-suits between accused and complainant regarding such property were pending in Civil Court--- Accused had filed suit ten (10) days before occurrence--- Interim bail granted to accused was confirmed in circumstances.


7. PLJ 2008 Cr.C. (Lah) :
M Bilal Khan, J
---S, 497(1)---Penal Code (XLV of 1860), S, 489-F--- Bail Dismissed of—
Pray for –Dishonored of cheque—Prohibitory clause is no sufficient ground--Taking divergent stands at different times—Accused has been taking divergent stands at different times--- At one stage he stated that he had been compelled by SHO to execute the cheque in-question while he was in illegal custody at police station whereas an other occasion he stated that complainant was a police official therefore, he forcibly procured cheque from him--- Held: Offence does not attract prohibitory clause u/s 497(1) of Cr. P.C. by itself is not sufficient to grant concersion of post arrest bail---Peculiar facts and circumstances of the present case, accused does not deserve the concession of bail--- bail was dismissed.

8. PLJ 2008 Cr. C. (LAH) 63 :
M. Khalid Alvi, J
---S, 498---Pakistan Penal Code (XLV of 1860), S, 489-F--- Bail Before arrest, Dismissed of—
Prayer for –Cheque was dishonored—Contentions—Cheque-book has been stolen about 7 months prior to registration of case--- Accused has devised a new method of committing fraud by lodging an F.I.R. of method of committing fraud by lodging an F.I.R. of theft of cheque-book and thereafter fleecing money from the accused and issuing cheque out of that cheque book—Although offence is punishable with only three years but the conduct of the accused speaks volumes, therefore he is not entitle to extra-ordinary relief of bail before arrest.

9. 2008 MLD 159 (Lah) :
Sh. Azmat Saeed, J
a). S. 489-F --- Issuance of cheques subsequently dishonoured --- Scope --- Mere issuance of a cheque which is subsequently dishonoured does not constitute an offences under S. 489-F, P.P.C., unless same is issued dishonestly and for the repayment of a loan or for discharging any obligation.

b). ---S, 498---Pakistan Penal Code (XLV of 1860), S, 489-F--- Pre-arrest bail, grant of—Section 489-F, P.P.C. nor any other provision of the Penal Code could be employed or used as a tool for effecting the recovery of a financial claim --- Such being the exclusive jurisdiction of the civil court, to permit the use of the criminal justice system for settlement of civil disputes or effecting the recovery of the amounts claimed by the party, would amount to abuse of the process of law --- Even otherwise , malafides of the police and the complainant were not only floating on the surface but leaping therefrom --- Accused was in police custody in connection with another F.I.R. got registered by the complainant, when in the police station the cheque in question was procured and he had disclosed this fact on being produced before the Magistrate which was even apparent from the order of the Magistrate – Brother of the accused had also been illegally detained who had to be recovered through judicial process---Police had acted in a mala fide manner by becoming a recovery agent of the complainant, rather than servants of the State enjoined to uphold the law--- Offencedid not fall within the prohibitory clause of S. 497, Cr. P.C. --- Cheque was already in the custody of the investigating agency and nothing was to be recovered from the accused --- Ad interim pre-arrest bail granted to accused was confirmed in circumstances.


10. 2008 P Cr. L.J. 701 (Lah) :
Abdul Shakoor Paracha, J
S- 498 --- Penal Code (XLV of 1860), S, 489-F --- Protective Bail, refusal of --- No mala fide appeared against the complainant or the Police --- High Court (Lahore), in circumstances declined to exercise its discretion to allow protective bail in a case which otherwise was registered in North-West Frontier Province.

11. 2008 YLR 1563 (Lahore):
Fazal-e-Miran Chauhan, J
--- S, 497 – Penal Code (XLV of 1860), S, 489-F --- Bail, refusal of --- Accused was named in F.I.R. with specific role of issuing a cheque to the complainant, which, was dishonoured on its presentation, which, prima facie, directly connected accused with commission of alleged offence --- Issuance of cheque in question was not denied by accused --- Section 489-F P.P.C. was added with intent to curb the tendency of issuing of cheques with the intention to cheat the others --- Cheque in question was issued by accused knowing that sufficient amount was not in his account; and steps were taken to ensure that the cheque would be encashed --- Intention of accused was to postpone the demand for the time being, by giving a cheque to the complainant with the knowledge that same would be dishonoured --- Bail, in such-like cases, would not to be granted in routine --- Bail petition was dismissed, in circumstances.

12. 2008 YLR 947 (Lahore):
Iqbal Hameed-ur-Rehman, J
S- 498 --- Penal Code (XLV of 1860), S, 489-F --- Pre-arrest Bail, refusal of --- Cheque issued by accused could not be encashed as the account was closed one day before its encashment --- Accused, thereafter, on the intervention of the respectables of the market, undertook to pay said amount and issued another cheque, which also was dishonoured and could not be encashed --- When accused was seeking pre-arrest bail and no mala fide had been proved against complainant and the police, pre-arrest bail could not be granted to him --- Mala fide on the part of accused and his brother, however was established --- Grant of pre-arrest bail was an extraordinary concessional relief in which conduct of accused was to be taken into consideration --- No case for grant of pre-arrest bail having been made out, accused did not deserve to be granted extraordinary relief of pre-arrest bail --- Bail petition, was dismissed, in circumstances.

7 comments:

  1. excellent initiative keep it up but try to update the case law.
    thx & regards
    Sh. Sarfraz Hussain Advocate High court,
    Multan. www.sarfrazhussainadvocate@hotmail.com

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  2. Appreciable work has been done and keep it up in future also for the assistance of law students and others.

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  3. need citation on bail refusal on self cheque dismissal.

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  4. whom PS have the jurisdiction to lodging of FIR where the cheque has been issued or where the cheque has been dishonounred

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  5. whom PS have the jurisdiction to lodging of FIR where the cheque has been issued or where the cheque has been dishonounred

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