Syed Hasnain Haider vs The State and another
This matter arises from a petition for leave to appeal seeking pre-arrest bail in a criminal case involving dishonoured bank cheques amounting to rupees one crore forty-seven lac, issued in connection with a disputed financial obligation. The core legal question concerns whether the petitioner has made out a case for pre-arrest bail based on the contention that the cheques were handed over as security instruments rather than for a subsisting financial obligation, and whether the criminal process is being abused. The Supreme Court held that the instruments belonged to the petitioner and carried a statutory presumption of validity, and the petitioner failed to demonstrate any agreement showing he stood as a surety or to establish mala fides or improper motives on the part of the complainant for his arrest. Consequently, the petition was dismissed and leave to appeal was declined, affirming the concurrent denial of pre-arrest bail by the lower forums.
- Whether a drawer can avoid the legal consequences of a dishonoured cheque through a bald plea of being an unsuspecting surety?
- Does the issuance of a bank cheque carry a statutory presumption of being a valid instrument?
- Whether long-delayed arrest in a non-bailable and cognizable offence without proof of mala fides warrants the grant of pre-arrest bail?
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---In a family breach, the petitioner has been blamed by the complainant, no other than a close relative, to have issued him two bank cheques, to the tune of rupees one crore forty-seven lac, towards fulfillment of a financial obligation, arisen out of a botched sale transaction relating to some piece of land, bounced upon presentation; avoiding arrest for a considerable span of time, he has finally been declined judicial protection by a learned Judge-in-Chamber of Lahore High Court vide order dated 31.3.2021 to argue before us that in the absence of any subsisting financial obligation' he had handed over the cheques to his brother Syed Zulqarnain as security instrument for the settlement of family feud, fraudulently taken over by the complainant, cancellation whereof, is being pursued through a declaratory suit, sub judice in a Civil Court at Chunian till date, a position vehemently contested by the learned Law Of ficer with the assistance of counsel for the complainant.
2. Heard. Record perused.
3. The impugned instruments admittedly belonged to the petitioner; these carry a wording on their back as "shorty", however , the learned counsel despite his best attempt has not been able to point out, even obliquely , any clause of contract/agreement or any portion thereof, in performance whereof, the petitioner purportedly stood surety .
Supported by statutory presumption of being a valid instrument, a drawer cannot ward off the consequences of its failure through bald plea of being an unsuspecting surety . Even otherwise, within the family fold in a close degree, the petitioner has not been able to point out any mala fide or animus, possibly lurking behind his long due arrest in a non-bailable/cognizable offence, a sine qua non to divert the usual course of criminal law. View concurrently taken by the courts below being well within the remit of law calls for no interference. Petition fails. Leave declined.
Cited by 4 cases
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- Obaid Khan Versus State 2025 PCrLJ 602
- SHAHID MEHMOOD S/O SHAIKH SALAHUDDIDN vs THE STATE 2023 SHC 359
- Muhammad Shahban vs The State & another 2022 IHC 70