ALLAH JAWAYA Versus State

ORDER

MIAN MUHAMMAD NAJAM-?UZ-ZAMAN, J.-- -Seeks post-arrest bail in case F.I.R. No.176 of 2005, dated ? 9-5-2005 for the offence under section 489-F, P.P.C. registers at Police Station, Depalpur, District Okara, on the grounds that petitioner had business dealings with one Safdar, resident of' another Chak and because of the said business dealings he had issued cheque (subject-matter of this FIR.); the same was never issued in favour of' the complainant as alleged in the F.I.R. Further submits that petitioner is behind the bars for the last six months and there is no progress in the matter, offence allegedly committed by the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. Submits that during the investigation stand of the petitioner was also found to be correct by the Agency. Conversely counsel for the complainant submits that the cheque in dispute was issued in the name of' the complainant amounting to Rs.6,40,000 by the petitioner and the said cheque was not honoured by the Bank, thereafter present case was got registered. Further submits that challan has already been submitted before the trial Court and the matter is fixed for recording of prosecution evidence for 22-10-2005.

2. Heard. File perused.

Since the trial has already commenced, it is not proper stage to dilate upon the factual aspect of the case lest it may prejudice the case of either party pending before the trial Court. Even otherwise learned counsel for the complainant has placed on record photo- copy of the cheque (subject-matter of the F.I.R.) which reveals that the same was issued in the name of the complainant. This petition having no merits stands dismissed with the direction to the trial Court to proceed with the matter expeditiously and to conclude the same within three months.

H.B.T./A-35/L ???????????????????????????????????????????????????????????? ??????????????????????????????????? Bail refused.