' As per certificate this is petitioner's first pre-arrest bail before this Court in this case.
2. Mst.Kiran Nawaz petitioner/accused in case FIR No, 883/2013 dated 22.12.2013 under Section 489- F, PPC Police Station Township Lahore seeks pre-arrest bail through this petition.
3. As per FIR lodged on 02.12.2013 by Ch.Amir Latif complainant it is alleged that he had good relations with the petitioner and her family; that petitioner borrowed a huge amount from him; that thereafter petitioner issued a Cheque No, 7700288 dated 25.10.2013 amounting Rs, 18,00,000/- in favour of the petitioner which was bounced.
4. Arguments heard. Record perused.
5. Perusal of record transpires that prior to registration of this case two criminal cases were registered by the complainant against the petitioner as under:--
(i) Case FIR No, 705/2011 dated 29.8.2011 under Section 489-F, PPC Police Station Township Lahore pertaining to Cheque No, 025716 dated 01.8.2011 worth Rs,6,00,000/-to be drawn on MCB Bank Limited Township Branch Lahore.
(ii) Case FIR No, 483/2012 dated 29.6.2012 under Section 489-F, PPC Police Station Johar Town Lahore pertaining to cheques No, 025713 dated 02.8.2011 worth Us.4,00,000/- to be drawn on MCB Bank Ltd. Township Branch Lahore.
' Record transpires that in earlier case FIR No, 705/2011 during the proceedings of post-arrest bail of the petitioner complainant putting appearance before the learned Judicial Magistrate 1st Class Lahore produced his affidavit that parties will resolve the dispute of amount after petitioner's release on bail. Resultantly petitioner was allowed bail in the said case. Thereafter in second case FIR No, 483/2012 during the proceedings of pre-arrest bail of the petitioner complainant putting appearance before the learned Additional Sessions Judge Lahore made statement that he intended to resolve the matter with the petitioner by intervention of the respectables of the area and had no objection upon the confirmation of the pre-arrest bail to the petitioner.
' He also produced an affidavit Mark-A before the learned Additional Sessions Judge Lahore.
Resultantly petitioner's pre-arrest bail was confirmed in the said case.
5. In this case details of alleged transactions between the parties are not mentioned. The complainant has also not mentioned the date when allegedly impugned cheque was issued by the petitioner in his favour. The complainant has also concealed the above noted two FIRs lodged by him against the petitioner on the basis of the earlier bounced cheques. During the course of arguments learned counsel for the complainant frankly admits that the cheque in question was already in possession of the complainant at the time of disposal of petitioner's earlier two bail petitions in the above mentioned two FIRs,
7. It is stated by learned counsel for the petitioner that in the year 2011 parties had good family relations and that at one stage they wanted to marry but later on differences cropped up between them when the petitioner came to know that her cheque book was lost and the informed the concerned bank on 13.9.2011 for stop payment of the cheques. Petitioner had also lodged case FIR No, 1106-2011 in the offence under Section 452, 427, PPC read with Section 28 of Telegraph Act against the complainant. There is nothing on the record to show that parties had ever resolved the dispute through Panchayat despite complainant's statements before the learned Courts below to fix any financial obligation of the petitioner. Dishonest intention in issuing a cheque is sine qua non to attract the offence under Section 489-F Pakistan Penal Code 1860 which is yet to be established during the course of evidence. No recovery is pending against the petitioner. Offence under Section 489-F, PPC does not fall within the prohibitory clause of Section 497, Cr.P.C. Object of pre-arrest bail is to protect a person from harassment, humiliation and incarceration on the basis of false implication.
8. For the above discussion and reasons, this petition is accepted and ad-interim pre-arrest bail already granted to the petitioner is confirmed subject to her furnishing fresh bail bonds in the sum of Rs, 1,00,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.