Lahore:
Lahore High Court (LHC) has rejected a guarantee-pleasing, with the other “unlimited” and “indispensable” eligible dismissal, although the alleged offenses do not fall into the category of non-available violations.
The case involved Tariq Rehman Chohan, who had incorrectly used RS3 million mistakenly transferred to his bank account.
When the bank was contacted, the defendant sent a check of the same amount to carry out its liability, but it jumped due to insufficient funds. A FIR was subsequently hospitalized under section 489-F in Pakistan Penal Code (PPC) on the complaint of the bank’s operations manager.
During the procedure, Chohan’s lawyer claimed that section 489-F of PPC does not fall under the prohibited clause in section 497 of the criminal case code (CRPC).
He maintained that the offense had an alternative penalty for a fine, that there was no case, that Prima Facie was prepared from the FIR and that the report’s report had been blocked without justification.
He claimed that the error was at the bank and justified the case as a further investigation.
However, the prosecution opposed bail and claimed that the defendants had deliberately abused funds that were transferred by mistake and deliberately adopted a misleading course.
The lawyer stated that Chohan was not only responsible under section 489-F PPC, but also in accordance with section 406 PPC, which related to criminal confidence.
Justice Tanveer Ahmad Sheikh noted that the petitioner was obliged to inform the bank of the wrong transfer and arrange its return. Instead, he drew RS2.5 million for personal use. “As such a offense punished under section 406 of the PPC, fully attracted against him,” Justice Sheikh noted.
He added that when the bank pressed to recover, the petitioner issued an RS3 million check, which was disgraceful, which also brought ยง 489-F into play.
