Dishonestly issuing a cheque
Section 384, 463 and 489-F PPC — dishonestly issuing a cheque – recovery of cheque amount — scope – complainant in a criminal case under section 489-F PPC could not ask a criminal court to effect any recovery of amount involved in the cheque – cheque amount involved in the offence under section 489-F PPC was never considered as stolen property – Had the same been treated as stolen property ? the investigating agency would certainly have been equipped with a power to recover said amount as provided under Chapter XVII PPC under which only remedy provided for the prosecution was the conviction of accused and no process for recovery could be effected.
Dishonestly issuing a cheque — Bail—cheque issued as guaranteed/ security — recipient of the cheque using the same to exert pressure on the issuer to force him to surrender to his illegal demands – such misuse of section 489-F PPC for the purpose of securing money would be termed as extortion. Bail was granted.
PLD 2013 Lahore 173