Legal Question in Criminal Law in Pakistan
On what bases 489_f ppc attract.Please describe in details.If one column is ticked in dishonoured slip while stop payment request is initiated and cash is insuffucint. On 1 coloumn is ticked i.e. differ signature. can a police can declare innocent on this base while cheque is stolen.
1 Answer from Attorneys
489-F. Dishonestly issuing a cheque: who ever dishonestly issues a cheque towards
repayment of a loan or fulfilment 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.
if cheque sign are diffrent, stolen report avialable Police ll declare the person innocent. The necessary element for guilty in this case is the "issuance of Cheque Dishonestly "
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