Legal Question in Criminal Law in Pakistan

Hello

A person gave me cheques for his liability I deposited this cheque to my account and it bounced i launch an FIR against him section 489F and when this case goes to Additional Section Judge MR Mian Mureed Hussain Lahore court number 6 he said no FIR can be launch against the SELF cheque I ask him why i cannot do this he simply replied that if you are not happy with my decision you can go to high court and grant bail to accussed person.

Than I asked many lawyer and get different answer some its a discretionary power of judge he can grant him bail some say judge cannot give him bail i am confused can you please give me some authantic answer with some court decision so when i appeal in high court i am sure what i am doing

Thanks

Best Regards

Amir Khan


Asked on 9/05/09, 11:01 am

2 Answers from Attorneys

In fact when you lodge a FIR against a person for a bogus cheque,it actually exhibits that the issuer of the cheque basically owed you some money in lieu of some transaction or because of some mutual understanding.once cheque is bounced it showes that the issuer failed to perform.

the cheque basically exhibits the whole case, which you also corroborate through other concerned facts. a cheque of (cash or self) incurrs nothing as a charge or liability on the issuer.

in your case other facts are important in order to allege the guilt and its continuation in the shape of cheque ,consequently bounced. to discuss it further you can contact me in the high court.

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Answered on 9/07/09, 6:08 am
muhammad ahmad mian law associates

hi, you are right,,

this is confusing,,,, too,,,,

but for your information supreme court recently have deceided that the offence under section 489 (f) is bailable,,

i got to know from a session judge but i am unable to provide you the rulling,, ,, the best of my opinion at this stage is that you should go for a recovery suit in civil court before its too late

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Answered on 9/10/09, 1:42 am


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