Rana Muhammad Ikram Khan vs State and another
This petition for pre-arrest bail arises from FIR No. 54/2020 registered under Section 489-F of the Pakistan Penal Code 1860, concerning the dishonour of a cheque issued to the Metropolitan Corporation, Sahiwal, for property conversion fees. The core legal question was whether the petitioner, who was neither the signatory of the cheque nor a joint account holder, could be held criminally liable under Section 489-F, PPC. The Court held that liability under Section 489-F, PPC, is strictly limited to the person who issued the cheque. As the petitioner did not sign the instrument and the cheque was issued for a conversion fee rather than a loan or obligation repayment, the Court found the registration of the case against the petitioner to be mala fide. Consequently, the Court confirmed the ad-interim bail, establishing the principle that criminal liability under Section 489-F, PPC, cannot be extended to persons who are not signatories to the dishonoured cheque, particularly when the transaction involves a regulatory fee rather than a personal loan or obligation.
- Can a person who is neither the signatory nor a joint account holder be held liable under Section 489-F of the Pakistan Penal Code 1860?
- Does the issuance of a cheque for a property conversion fee constitute an obligation under Section 489-F of the Pakistan Penal Code 1860?
- What are the essential ingredients required to attract criminal liability under Section 489-F of the Pakistan Penal Code 1860?
- Section 489-F, Pakistan Penal Code 1860
- Section 24, Pakistan Penal Code 1860
ORDER
Rana Muhammad Ikram Khan (petitioner) seeks bail before arrest in case FIR No. 54 dated 04.2.2020, under Section 489-F , PPC, registered with Police Station Fateh Sher , Sahiwal.
2. Precisely stated the case of prosecution as unfolded from crime report is to the effect that a marquee named as RAK was sealed by Metropolitan Corporation, Sahiwal; that subsequent thereto, the petitioner and Zulfiqar besides an affidavit also submitted four cheques as conversion fee from domestic to commercial property; that the first cheque was presented before the concerned bank on 16-1-2020 but was dishonoured due to stop payment.
3. Arguments heard and record perused.
4. From the perusal of record, it is noticed that the cheque in question was statedly given to Metropolitan Corporation, Sahiwal for the conversion of domestic property into commercial use. The cheque in question pertains to the account of one Zulfiqar and also bears his signatures. The petitioner neither is signatory of the cheque nor is a joint account holder . The question of foremost importance, which emerges while pondering upon the case in hand, is to the effect that how 489-F , PPC is structured by the legislature. The plain review of foregoing provision reveals that its mischief will be attracted if following ingredients are fulfilled: i) dishonestly issuance of cheque; ii) towards repayment of a loan; or iii) towards fulfillment of an obligation.
So far as the expression 'dishonestly' is concerned, it is defined in Section 24 of the Pakistan Penal Code, 1908 in following manner: "Dishonestly . Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing dishonestly".
It follows from above that the liability under Section 489-F , PPC will accrue only upon the shoulders of person, who issued the cheque and none others. Even otherwise, the cheque was handed over to the Municipal Corporation in lieu of conversion fee and if at all same was dishonoured, the pending conversion process is to be brought at halt.
The registration of instant case apparently was uncalled for as the cheque seems not to have been issued dishonestly in terms of Section 489-F , PPC. In the foregoing circumstances, it can inexorably be held that registration of instant case and more importantly nomination of petitioner therein, smacks mala fide of the complainant. No doubt, the criteria for the grant of pre-arrest bail is stringent in nature but at the same time in appropriate cases such relief is to be extended, else it will be rendered a dead letter in the statute book.
5. For what has been discussed above, the instant petition is owed and ad-interim bail already granted to petitioner vide order dated 17.08.2020 is confirmed subject to furnishing of fresh bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.