' ZAFAR IQBAL CHAUDHRY, J.--- Through this petition under section 497(5), Cr.P.C. Munawar Khan petitioner seeks cancellation, of to respondent No,1 by the learned Judicial Magistrate, Chiniot vide order dated 10-10-2007 in case F.I.R No,434 dated 27-8-2007 registered under section 489-F, P.P.0 at Police Station City Chiniot District Jhang.
2. The brief allegation in the F.I.R is that respondent No,1 obtained Rs,6,00,000 from the petitioner/complainant for business purpose and thereafter he put off the matter on one pretext or the other. Then it was claimed and said that the said amount had been deposited in the Bank and he issued a Cheque bearing No,LO-2799039 in respect of Account No,29976-9 on 22-8-2007.
However, when the petitioner presented the same before the Bank, the concerned official of the Bank informed him that there was no amount in the Bank in the name of respondent No,
1. The petitioner again approached respondent No,1 for the return of the money and on his direction he approached the Bank of the return of the amount on 23-8-2007 but the same was not given to him and the Bank informed him in writing about the insufficiency of the funds.
3. Learned counsel for the petitioner states that the respondent had made commitment in the Court to pay Rs,85,000 to the petitioner on 23-1-2008 and an opportunity was granted to the respondent by this Court to pay the said amount till 14-2-2008. Thereafter the respondent absconded and did not appear in the Court. Now in execution of warrants of arrest issued by this Court respondent No,1 has been produced by Ghulam Mustafa S.-I. Police Station City Chiniot. The respondent has been asked whether he wants to engage some counsel and in reply to that he has opted to argue the case personally. When confronted with the order dated 23-1-2008 he has not offered any plausible explanation for the non-compliance of the same and his absconsion from the Court. Keeping in view his conduct the bail already granted to respondent vide order dated 10- 10-2007 is cancelled by accepting this petition.