' MUHAMMAD MUZAMMAL KHAN, J.---Petitioner was refused bail before arrest by the learned Additional Sessions Judge, on 18-4-2006, in case against him vide F.I.R. No.137, dated 10- 3-2006, under section 489-F, P.P.C. Registered with Police Station, Islampura, Lahore. He, thereafter, filed instant petition for the same relief and was conferred interim bail before arrest on 12-9-2006.
2. Charge against the petitioner is that he issued seven fake cheques, total value of those was Rs.41,00,000, which on presentation, to the drawee Bank, were dishonoured.
3. I have heard the leaed counsel for the parties and have examined the police record. Petitioner could not substantiate his submissions of investment of any amount by the complainant for trading in the Lahore Stock Exchange or re-payment by him of the amounts given by the complainant. Similarly, there is no documentary proof with the petitioner that he had issued the cheques in question, in advance to the investment made by the complainant. The learned counsel for the petitioner attempted to urge that complainant owes an amount of. Rs.20,00,000, and he has already filed a suit for recovery against the complainant, but pendency of the suit would not give a licence to the petitioner to issue fake cheques of considerable huge amount of Rs.41,00,000, one after the other. All the cheques by the petitioner were dishonoured which has in it, the element of deliberate cheating. Prosecution has collected sufficient incriminating evidence in form of statements of prosecution witnesses under section 161, Cr.P.C. Besides documentary evidence in form of bank memos. The petitioner has not joined police investigation, in spite of direction in this behalf. He Mts been named and assigned specific rat in the and is prima facie connected with the offence charged.
4. For the reasons noted above, no case for confirmation of bail before arrest was made out and accordingly instant petition is dismissed. Interim bail before arrest granted to the petitioner on 12- 9-2006 is, re-called.