' Through this petition under section 497(5), Cr.P.C. The petitioner has assailed the order dated 21- 12-2004 whereby the learned Additional Sessions Judge granted bail to Haji Abdul Majeed- respondent No.1 in case F.I.R. No. 464 of 2004, dated 9-12-2004 under section 489-F, P.P.C. At Police Station City Lodhran.
2. Brief facts according to the F.I.R. Are that respondent No.1 issued a cheque amounting to Rs.4,00,000 to the petitioner, which was A later on dishonoured by the National Bank of Pakistan.
3. Learned counsel for the petitioner submits that the bail granting order is arbitrary, capricious and not in accordance with law and the learned Additional Sessions Judge while confirming the pre- arrest bail of the respondent No. 1/accused in his order dated 21-12-2004 has not discussed the arguments advanced by the learned counsel for the petitioner. Further submits that there is sufficient evidence to connect the accused with the commission of offence as alleged in the F.I.R.
That the recovery of alleged amount is yet to be recovered from the accused. Furthermore, that reasonable ground to believe is that he is prima facie involved in the case and the basic requirement for the grant of bail has not been observed by the learned Additional Sessions Judge.
4. Learned Law Officer vehemently opposed the instant petition on the ground that the respondent No.1 has not misused the concession of bail.
5. I have heard the learned counsel for the parties and perused the record. Case of the parties is that admittedly both the parties started joint business and obtained loan from Habib Bank Ltd. It is admitted fact that petitioner had filed a suit for cancellation of document, which is pending in the civil Court and documents tendered by the learned counsel for the petitioner reveal that a dispute between the parties is about rendition of account and further according to the finding of learned Additional Sessions Judge the offence allegedly committed by respondent No.1 is bailable in nature, therefore, he confirmed that bail already granted to petitioner. As the dispute between the parties is of civil nature. I am not inclined to interfere with the bail granting order of the learned Additional Sessions Judge. Instant petition is hereby dismissed.