Section 497 Preventive Code (XLV of 1860), Section 489F Honestly issuing a check guarantee, denying the defendant's right to bail in cases not subject to the prohibition clause of section 497, CC Scope habit charged with criminal influence It was alleged that she was found guilty of fraud. The complainant was dishonored by obtaining a similar loan from the pension amount and in turn executing two pro notes and a check from his account as the account was already closed and the accused was punished. The dispute between the parties was purely of a civil nature. The offense did not come under the prohibition clause of section 497, CR PC and the complainant remained silent for an unknown period of about five to five months before presenting the report to the police and the accused. The validity check issued was disregarded as the account was read by two notes in favor of the complainant by the accused already closed. Nasi, the latter cannot refrain from withdrawing from the partial sections of the law to remedy the rule of his complaint that the accused would be entitled to bail. Section 497, under the CCPC prohibition clause, was not a principle of universal application as each matter had to be thrown on the basis of its facts and circumstances. The accused was a habitual offender who issued similar checks to other people and faced litigation in seven different cases. The request for grant of bail was dismissed in the circumstances
Related judgments — Peshawar High Court NWFP, 2012
