PLJ 2026 Cr.C. (Note) 166 [Sindh High Court, Hyderabad Circuit] Present: Muhammad Hasan (Akber) , J. SHEHRYAR SULTAN--Applicant versus STATE etc.--Respondents Crl. B. Appln. No. S-793 of 2025, decided on 23.10.2025. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Bail grand of--Allegation of—Dishonoured of cheque--It has been held that foundational elements to constitute an offence under Section 489-F are issuance of a cheque, with dishonest intent, and issuance of a cheque towards repayment of a loan or fulfilment of an obligation--The spirit of Section 489-F requires that until ‘obligation’ is established, it would be difficult to attribute ‘dishonesty’, and without which, basic ingredients to impose a Charge under provision would not be possible--The factual controversy as to whether applicant acted with fraudulent intent from inception or whether dispute has evolved into a civil liability is a matter which can only be...
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