The plea that the cheque was given as security constitutes an accused’s defence. It is a question of fact which is determined by the evidence gathered during an investigation or produced at the trial.

 The plea that the cheque was given as security constitutes an accused’s defence. It is a question of fact which is determined by the evidence gathered during an investigation or produced at the trial. Hence, the accused cannot file petition under Article 199 of the Constitution for quashing of FIR on this ground unless the factual aspects of the matter are admitted between the parties. Second, civil liability for dishonour of a cheque differs from criminal liability. They each case have their own criteria and are not dependent on one another. Civil responsibility is determined by applying the principles of civil law.

Post-dated cheques may be classified into three broad categories: (a) cheques issued to discharge a liability that has already accrued or that is determined and would accrue on a specific date; (b) cheques issued to satisfy a future liability which may or may not occur; and (c) cheques provided for the payee’s comfort under an express agreement and are not the product of any specific transaction. Criminal liability under section 489-F PPC generally arises only in respect of the cheques falling in category (a) unless the one-transaction or the continuing act theory can be applied.

Writ Petition No. 3103/2023

Hayat Kimya Pakistan (Private) Limited Vs. Humair Yusuf and others