' SAGHEER AHMAD QADRI, J.---Petitioner Muhammad Nazir son of Abdul Aziz has moved this petition for grant of post arrest bail in case F.I.R. No, 196 dated 25-3-2012 registered under section 489-F, P.P.C. At Police Station Gujjar Khan District Rawalpindi.
2. F.I.R. Was lodged by Maqbool Hussain son of Rehm Ali mentioning the facts that the petitioner Muhammad Nazir secured Rs,10,00,000 from him on 15-11-2011 as loan with the undertaking to return back but later on he did not fulfill his undertaking and issued cheque dated 15-2-2011 worth Rs,10,00,000 which when presented in the concerned bank, it was dishonoured. Prayed that action be initiated against the petitioner and on this report instant case as above mentioned was registered.
3. Learned counsel for the petitioner contends that the petitioner has been falsely involved in this case, he has not committed any offence; that earlier there was a dispute between the petitioner's brother Muhammad Bashir and the complainant in respect of construction of a building and said Muhammad Bashir issued cheque which was dishonoured and against him F.I.R. Under section 489-F, P.P.C. Was registered but the matter was compromised and it was agreed that the petitioner's brother shall transfer 5-kanals 18-marlas of land and to secure that agreement, complainant got issued instant cheque by the present petitioner as guarantee which later on was got dishonoured and instant case with mala fide was lodged and later on that matter could not be finalized; that legal notice was issued to the complainant for return of the cheque and the petitioner also filed suit for declaration which is still pending but inspite of the fact complainant has got dishonoured the cheque and lodged the instant against the petitioner; that the petitioner is detained in lock up for the last about 1-1/2 month and there is no previous record of involvement of thepetitioner in such like cases. Prayed that bail be allowed.
4. On the other hand, learned Additional Prosecutor-General assisted by the learned counsel for the complainant opposed this bail petition on the ground that huge amount is involved; that arguments advanced by the learned counsel for the petitioner requires deeper appreciation of the evidence which is not permissible at this state. Even otherwise it is a non-bailable offence and no body can claim the bail in non-bailable offences as matter of right. While relying on 'ZAHID IQBAL v.
THE STATE' (2011 YLR 1284) prayed that bail be dismissed.
5. I have heard the arguments of learned counsel for the parties and perused the record.
6. It is alleged that cheque was issued by the petitioner in the name of the complainant which later on was presented before the bank and was dishonoured. Offence under section 489-F, P.P.C. Is enacted to penalize a person for issuance of cheque knowingly and dishonestly that it would be dishonoured. Maximum punishment under section 489-F, P.P.C. Is 3 years' R.I or fine or both and section 489-F, P.P.C. Is penalty provided for a person who knowingly issues such cheque in such like circumstances but is not a device for recovery and if any recovery of money/loan etc. Is required, any person aggrieved, may file suit for recovery before the Court of competent jurisdiction. In view of the circumstances, when the offence under section 489-F, P.P.C. Is maximum punishable up to 3 years, R.I which does not fall under the prohibitory clause of section 497, Cr.P.C, the bail is to be granted ordinarily as a rule and its refusal is an exception. While relying on 'Tariq BASHIR and 5 others v. THE STATE' (PLD 1995 Supreme Court 34), petitioner is directed to be released on bail subject to furnishing the bail bonds in the sum of Rs,1,00,000 (Rupees one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.