Legal Question in Investment Law in Pakistan
Sir, if a pary has invested some amount in business against which a cheque is taken but agreement is not executed now cheque is dishonoured and case is filed against me. how i can free from court and what plee i should take before the court so that i could get bail from the court.
1 Answer from Attorneys
489-F PPC definition
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.
now as u said it was business transaction but u failed to fulfilled the obligations.
case is against u?
u should take plea that it was just security cheque as agreement was not written. for some time complainant got the profit/ or remain business in loss first complainant threaten to withdrawal of his share then complaint in police with malafide intention. But u have to prove this plea in court .
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