A bare reading of section 489-F shows that it is not attracted in every case where a cheque is dishonoured. The foundational elements to constitute an offence under this section are:(i) the cheque was duly issued,(ii) it was issued with dishonest intent,(iii) it was issued towards repayment of a loan or fulfilment of an obligation, […]
Constitution of Pakistan (1973)— —-Art. 45—President’s power to grant pardon—Scope—Conviction of accused under S.402-B, P.P.C. read with S.7, Anti-Terrorism Act, 1997 and order of disqualification of the accused for 21 years for seeking or being elected, chosen, appointed as Member of any public office or any authority of the Local Government of Pakistan—President had got […]
2018 P Cr2018 P Cr. L J Note 175 [Lahore] Before Syed Shahbaz Ali Rizvi, J MUHAMMAD AZAM—Petitioner Versus The STATE and another—Respondents Criminal Miscellaneous No. 99700-B of 2017, decided on 3rd April, 2018. Criminal Procedure Code (V of 1898)— —-S. 497—Child Marriage Restraint Act (XIX of 1929)—Penal Code (XLV of 1860), Ss. 365-B & […]
Complainant had lodged F.I.R. against the petitioner company for issuing him cheque worth Rs.10 million, which was dishonoured by the Bank—Counsel for the petitioner had submitted that petitioner did not issue any cheque to the complainant, rather it had lodged F.I.R. under Ss.420/468/471, P.P.C. regarding the loss of cheque book from which cheque in question […]
Pre-Arrest Bail.Sec.489-F.PPCCheque that was presented beyound six months from the date of issuance was generally regarded as ” Stale” or out of date..Bail before arrest confirmed.
[Supreme Court of Pakistan]Present: Iftikhar Muhammad Chaudhry, C.J., Jawwad S. Khawaja and Khilji Arif Hussain, JJSALMAN AKRAM RAJA and another—PetitionersVersusGOVERNMENT OF PUNJAB through Chief Secretary, and others—RespondentsConstitution Petition No.38 of 2012, decided on 2nd October, 2012.(Petition under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973).(a) Penal Code (XLV of 1860)——-Ss. 375 & […]
Offense U/S 302 PPC Committed in January 2017 and Compromise Effected in August 2019. Now Question is Diyat Amount Shall be paid in Compromise according to the Amount fixed in 2017 when offense was commited or the amount fixed in 2019 when compromise effected?Answer: Diyat amount would be determined according to prevailing rate of Diyat […]
Pakistan Penal Code, 1860 (XLV of 1860)– —-S. 302(b)–Conviction and sentence–Challenge to–Qatl-e-amd–Benefit of doubt to accused–High Court is convinced that since name of accused/appellant was not mentioned in FIR; his features were not given therein, nor even there is any supplementary statement to his effect, identification before Court after so long, is highly doubtful and […]