909/2024 Cr.Bail SYED FURQAN ALI S/O SYED ASHFAQ ALI (Applicant) V/S THE STATE (Respondent)

909/2024 Cr.Bail SYED FURQAN ALI S/O SYED ASHFAQ ALI (Applicant) V/S THE STATE (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 02-JUL-24

To prove the charge against an accused under Section 489-F. P.P.C. all the ingredients of section 489-F, P.P.C. must be proved through cogent evidence and beyond any shadow of a doubt, however, in this case, the complainant claims that he made a Marketing business transaction with the applicant and the applicant issued a cheque for an amount of Rs.15000,000/- and in this regard, and the applicant has pleaded that the subject cheques were issued as a security amount in a business transaction which was not for the encashment as such he made an attempt to stop the payment but the Bank refused to entertain his request due to insufficient funds which are wrong notion on the part of Bank, however this aspect of the case is to be determined by the trial Court under what circumstances, the cheque (s) was/were issued and what was the intention of the person, issuing it. 7. Prima facie, the mere issuance of a cheque(s) and its being dishonored by itself is not an offense, unless and until dishonesty on the part of a payer is proved.