M UHAM M AD IQBAL KALHORO, J. Allegedly on account of some transaction on a Plot No.R-503, Sector 31/C-2, KDA Employees Society, Karachi, applicant gave three cheques of Rs.2,700,000/- each total Rs.8,100,000/- to the complainant. Subsequently, the transaction did not stand and three cheques issued by applicant to the complainant for the amount he owed to him, presented in the bank were dishonored, he registered present FIR against the applicant but only in respect of one dishonoured cheque.
2. Subsequently, complainant also registered FIR No.97/2024 at P.S. Korangi in respect of another cheque of Rs. 2,700,000/- in which applicant was arrested and after 27 days he was granted bail. It is reported that a civil suit between the parties on the same cause of action is also pending. Three cheques given by the applicant to the complainant were in respect of one and the same transaction. When applicant was arrested in one case, a part of the present case, and granted bail, the same principle would be applicable here. For it is not scheme of law to send a person to jail by dismissing his pre-arrest bail application and then grant him post arrest bail.
3. These arguments have been submitted by learned counsel in defence, opposed by learned counsel for complainant and learned Addl: PG Sindh. However, it is apparent that complainant Instead of registering one FIR in respect of 411 dishonored cheques has chosen to register separate FIRs in respect of each cheque against the applicant after a few months hiatus. This action of the complainant appears to be tainted with mala fide. Accordingly, this application is allowed and ad- interim-pre-arrest-bail granted to the applicant vide order dated 08.01.2024 is confirmed on same terms and conditions.