' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Muhammad Afzal petitioner seeks his release on bail in case F.I.R. No,153 dated 3-5-2012 registered under section 489-F, P.P.C. With Police Station, Mandi Faizabad, District Nankana Sahib for issuing cheque valuing Rs,13 lacs to the complainant of the case which was dishonoured when presented for encashment.
2. Parties heard. Record perused.
3. At the time of lodging the F.T.R. Against the petitioner the police did not. Collect the original cheque and the slip from the complainant of the case which deficiency was made out by the police when the investigation;in the case was completed. The stance of the petitioner is that the parties have business inter se of selling and purchasing of woods and the cheque was issued by the petitioner in lieu of the woods purchased by him. This stance taken by petitioner necessarily shows that the complainant wants return of the sale price of the woods sold to the petitioner which assertion makes the case as one of civil liability for which the petitioner has to avail remedy in the court of competent jurisdiction. The provisions of section 489-F, P.P.C. Have not been promulgated for using it as a tool for recovery of the amounts due in business dealings for which the civil remedy has already been provided by law. The law so promulgated places heavy duty upon the complainant to show criminal intent of drawer of negotiable instrument to defraud him by issuing a fake cheque. During the business terms 'it is common practice amongst the business community of issuing cheques as security for liquidating of business liability which cheques are never meant for encashment and usually are returned when the liability is discharged. Admittedly, the petitioner is in judicial lock up for the last more than two months for an offence which does not fall within the prohibitory clause of section 497, Cr.P.C. It is cardinal rule of law that a person cannot be detained in the jail as punishment before the conclusion of the trial. Accordingly it is a fit case for grant of bail.
4. For what has been discussed above, the petition is allowed and Muhammad Afzal petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,five lacs with two sureties in the like amount the satisfaction of learned trial Court.
BAil Garented