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489-F ( Pakistan Penal Code )
Dishonestly issuing a cheque 489 f (Pakistan Penal Code) Whoever dishonestly issues a cheque towards repayment of a loan or fulfillment of an obligation which is dishonoured on presentation, shall be punished with imprisonment which may extend to three years or with fine, or with both,
Thursday, 2 August 2012
489-F (Pakistan Penal Code)
489 -F ( Pakistan Penal Code)
Dishonestly issuing a cheque:
Section : 489-F.
Dishonestly issuing a cheque:
Whoever dishonestly issues a cheque towards repayment of a loan or fulfillment of an obligation which is dishonoured on presentation, shall be punished with imprisonment which may extend to three years or with fine, or with both, unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque.
Points to remember:
1. Cheque issued by some one .
2. That cheque dishonoured by bank.
3. This cheque was issued for repayment of loan or fulfillment of an Obligation.
4. This cheque was issued dishonestly.
If a check is bounced from bank then you (payee) should send a legal notice to the accused person along with copy of dishonored slip through registered mail ad envelop. After 14 days u must registered a case against that culprit under 489-F.
Notice to the drawer after dishonor of cheque
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.
Quashing of F.I.R.
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.
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.
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.
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.
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.
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.
BBA (Pre Arrest Bail Confirmed)
2007 P cr LJ 1064:
S.498 Petition for Pre-arrest bail (confirmed)Offence under section 489-F PPC , though was non-bailable ,but High Court could not ignore the fact that the offence did not fall within the ambit of Prohibitory clause of Sec 497 Cr PC , and in the absence of exceptional circumstances.
2006 YLR 50 (Lah) :
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