' Malik Muhammad Asif Raza and Muhammad Iqbal, the petitioners seek pre-arrest bail in case FIR No, 499/2014 dated 23.8.2014, offence under Section 489-F PPC registered at Police Station City Mailsi, District Vehari on the complaint of one Tanveer Ahmad.
2. The prosecution version as mentioned in the FIR is that the complainant is running the business of grain and had business relations with the petitioners. The petitioner Malik Muhammad Asif allegedly received Rs, 10,00,000/- as loan from the complainant against which he issued a postdated cheque of the same. The said cheque was dishonoured on its presentation. It is further alleged that Petitioner No, 2, Muhammad Iqbal who is father of Petitioner No, 1, issued another cheque of Rs, 10,00,000/- to the complainant which was also dishonoured on its presentation.
3. Arguments heard, record perused.
4. This is an admitted fact that the complainant Tanvir Ahmad has filed suit for recovery of the said amount in the Court of learned Additional District Judge, Mailsi which is being contested by the present petitioners.
5. This is evident from the contents of FIR that there were business relations inter-se the petitioner and the complainant. In this eventuality this impression cannot be. Ruled out that the cheque in question was not issued by the petitioners for the fulfillment of the future obligations which is an important ingredient of Section-489-F PPC. Admittedly, the cheque in question is in possession of the police and nothing is to be recovered from the petitioners. Moreover, the maximum punishment of the alleged offence is three years RI which does not fall within the ambit of prohibitory clause of section 497 of Cr.PC. False implication of the petitioners in the instant case based upon mala fide and ulterior motive on the part of complainant cannot be ruled out.
6. In the given circumstances, the pre-arrest bail already granted to the petitioners is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs, 100,000/- each with one surety each in the like amount to the satisfaction of learned trial Court.