IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.2547 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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12.03.2026
Mr. Muhammad Wasif Riaz, advocate
for applicant
Mr. Sharafuddin Kanhar, A.P.G.
IO/DSP Sardar Khan of Shadman
Sub-Division
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Applicant/accused
Muhammad Saleem Lakhani son of Gul Muhammad Lakhani seeks pre-arrest bail in FIR
No.151/2025, registered at P.S. Hyderi Market, Karachi, for offence under
section 489-F, PPC, after dismissal of his bail plea by learned Additional
Sessions Judge-VII/MCTC-2, Karachi Central vide order dated 10.07.2025.
It
is alleged in FIR that applicant has issued cheque to the complainant of Rs.72,000,000/-
and upon presentation in the Bank, it was dishonoured, hence the subject FIR.
Learned
counsel for applicant submits that applicant is a senior citizen, aged about 71
years and complainant of this case is his ex-employee and now he is employee of
his son Umar Lakhani, who has dispute with his father/applicant over the
property; that twice this case was recommended by IOs for disposal of FIR in
cancel “B” class but finally the learned Magistrate has taken cognizance; it
has come on record that signatures on the cheque were tampered; that alleged
offence does not come within the ambit of prohibitory clause of Section 497,
Cr.PC and the case of the applicant/accused requires further inquiry in terms
of Section 497(2), Cr.PC, hence prayed for grant of bail.
Learned
counsel for complainant is called absent, without intimation, which reflects
that he has lost his interest to pursue this case, though this case is a date
by Court matter.
Learned
A.P.G. formally opposed for grant of bail on the ground that applicant is
nominated in the FIR, however, he admits that IO has recommended this case for
disposal in cancel “B” class and that there are fake signatures of the
applicant on the subject cheque.
Heard learned counsel for applicant,
learned A.P.G. and perused the material available on record.
Complainant
of this case is an ex-employee of applicant, now he is employee of his son Umar
Lakhani and there is civil dispute between the father and son over the
property. Two different IOs recommended this case for disposal in cancel “B”
class on the ground that there are fake signatures managed by the complainant
but surprisingly learned Magistrate has taken cognizance. Furthermore, offence with which the applicant stands
charged fall within the non-prohibitory clause of Section 497 Cr.PC. Prima
facie, mere issuance of cheque which is subsequently dishonoured does not
constitute an offence under Section 489-F, PPC, unless it is proved that the
same was issued with dishonest intention for payment of loan or discharging of
any obligation; all ingredients are required to be proved at trial. Reliance in
this behalf may well be made to the case of Nazir Ahmed alias Bhaga v. The
State and others (2022 SCMR 1467). All these circumstances, prima-facie,
establish that the case against applicant falls within the purview of Section
497(2) Cr.PC, entitling him to grant of bail on merits. Therefore, interim
pre-arrest granted to applicant/accused above named by this Court vide order
dated 26.09.2025 is confirmed on the same terms and conditions.
Needless
to say, that the above observations are tentative in nature, and shall not
prejudice the case of either party at trial.
Instant criminal bail application stands
disposed of in the above terms.
J U D G E
Gulsher/PS