2022 SCMR 2040
S. 497 Penal Code ( XLV of 1860 ) , S. 420 , 468 , 471 , 406 & 489 - F - Constitution of Pakistan ,
Art . 185 ( 3 ) ---
Cheating dishonestly inducing delivery of property , forgery for purpose of cheating , using as genuine a forged document , criminal breach of dishonestly issuing a cheque --- Fraud with an Overseas Pakistani --- Bail , refusal of - Allegation against the accused was that he entered into an agreement to sell his immovable agricultural land with amount of the complainant --- Complainant not only paid an Rs.4.40 million to him but as per the agreed terms , he got transferred two residential plots in the name of the persons suggested by the accused -- However , the accused did not mutate the land in favour of the complainant on account of deficiency in title and issued him a cheque amounting to Rs.2.60 million towards transfer fee but the same could not be encashed and got dishonoured --- During investigation , it was found that the accused did not have any land , which could be transferred in the name of the complainant , and that he sold the two residential plots of the complainant to some persons and received the sale consideration -- Evidence also reflected that the amount of Rs.4.40 million was received by the accused in his bank account -- Although the offences under sections 406 , 468 & 489 - F , P.P.C. did not fall within the prohibitory clause of section 497 , Cr.P.C. but this principle was not absolute , rather it depended upon the facts and circumstances of each case --- Admittedly the complainant was an overseas Pakistani national , who had been deprived of his wealth , hence , it cast a heavy duty upon the courts to provide him safeguard within the limits of law --- Sufficient material oral and documentary was available on the record to establish that the case of the accused did not fall within the purview of section 497 ( 2 ) , Cr.P.C. calling for further inquiry into his guilt --- Petition for leave to appeal was dis
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