2264/2021 Cr.Bail MUHAMMAD TARIQ S/O HABIBULLAH (Applicant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 07-JAN-22
seeks bail after arrest in Crime No.646/2021, registered under Sections 420/468/471/470/489-F/34 PPC---Coming to the allegations of three cheques, which were later on dishonored, a question as to what constitutes an offense under Section 489-F, P.P.C. primarily, every transaction where a cheque is dishonored may not constitute an offense. The foundational elements to constitute an offense under this provision are the issuance of a cheque with dishonest intent, the cheque should be towards repayment of a loan or fulfillment of an obligation; and, lastly the cheque in question is dishonored on presentation. Prima-facie, in the present case allegations are almost same, therefore, tentative assessment of record explicitly shows that the complainant has been defrauded by the applicant for the reasons discussed supra.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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