SHAHID HAMEED DAR, J.--- Muhammd Sufyan (petitioner) seeks bail after arrest in case F.I.R. No,460 of 2011 dated 24-5-2011 under section 489-F, P.P.C. Registered at Police Station Sabzi Mandi, District Gujranwala.
2. After having heard learned counsel for the parties and perused the record, it is observed that the complainant did not hint at any evidence during the course of investigation as to for what purpose, in whose presence, when and where he had handed down a huge amount of rupees three millions to the petitioner. Mere bouncing of cheque by the bank without satisfaction of the basic ingredients thereof, the invocation of section 489-F, P.P.C. Is not called for. An offender shall only be liable for an action under the aforesaid penal provision of law if he issues the cheque dishonestly towards repayment of loan or discharge of some lawful obligation knowingly, that it shall be bounced on presentation. No such element has been hinted at by the complainant who has simply contended that the petitioner owed him an amount of rupees three millions and that's all. The offence, the petitioner is charged with does not catch the prohibition of section 497, Cr.P.C. Sufficient reasons are available to believe that petitioner's case constitutes need for further inquiry into his guilt as envisaged by section 497(2), Cr.P.C.
3. For the foregoing reasons, the instant application is accepted and petitioner is admitted to post- arrest bail subject to furnishing surety bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of learned trial Court.