Legal Question in Criminal Law in Pakistan

I have query that:

-FIR registered against dishonoured on cheque through 22a court order.

The party has borowered money from me just for 03 months and then not returned despite several visit to accused house and meeting with 02 witnessess, telephonic conversation and SMS.

- Now the accused has obtained pre-arrest bail and submitted papers as details below.

1- Receipt on plan paper from my side that the applicant has obtained loan from me having same amount of cheque and applicant has submitted this receipt in presence of 2 witnessess that i will return this amount in 02 month. The writting on receipt was copied from the applicantion writting which wrote for FIR, this application was written by PA/Munshi of my advocate. (this receipt is fake and my writting is totally different from this writting).

2. Signature on it is not mine, i write only my name i.e. Rashid in petetion which copied, i think this was scanned.

3. Stated his cheque was stollen on same date which mentioned on cheque and in back dated he send application to bank for stop pament but the bank has not marked column ' stop payment"on dishonoured slip. I have also noted the signature of receipient ( bank staff) mentioned on paper seems fake, date mentioned on it is wrong.Date of application is 4/9/9 and bank stemp date is 2/9/9.

3. Cash was insufficient on presentation of cheque, statement avilable with I/O but bank has not marked 'insufficient fund' the reason the party has good relation with bank and on dishonoured slip only mark differ signature of account holder however i have sufficient record as the accused has same signature which was caried out on cheque/other papers.

4. His account statement/transaction also showed the amount used for the purpose as told me at the time when he boroed money from me. I have also proof of this documentary.

5. He has requested for cancelation of bail.

6. Date is fixed by the court.

I always thans for ur suggestion and need ur more help.What strategy i should adopt in court.

- I have record of SMS sent item and received items in my mobile which i will produce to court as record.

- 02 Witnesess, in from of them he promissed that he will return this money soon.

- Also blame for bribe in front of witnessess.

- Durring visit for arrest of accused, a meeting is carried out by policemen/ 01 witness of mine with his accsed's father. He informed that they have return this amount to applicant in 02 installements but now the accused has not give this statement. The accused has not return to this amount yet.

Please advise on detail i ll thanks to all team of law guru espacially Gul Hussain Mayo sb, i know this will take ur valuable time but my great help.

1 Answer from Attorneys

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