2264/2021 Cr.Bail MUHAMMAD TARIQ S/O HABIBULLAH (Applicant) V/S THE STATE (Respondent)

Sindh High CourtCriminal Law2022

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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.

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2264/2021 Cr.Bail MUHAMMAD TARIQ S/O HABIBULLAH (Applicant) V/S THE STATE (Respondent)

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