11/08/2026
2026 PCrL.J 1175
Offence under Section 489-F PPC attracts only when the following conditions are fulfilled and proved by the prosecution.
(i)issuance of cheque;
(ii)such issuance was with dishonest intention;
(iii)the purpose of issuance of cheques should be: -
(a) to repay a loan; or
(b) to fulfil an obligation (which in wide term inter alia applicable to lawful agreements, contracts, services, promises by which one is bound or an act which binds person to some performance).
(iv) on representation, the cheque is dishonoured.
Every transaction where a cheque is dishonoured does not constitute an offence unless necessary ingredient of the provision of Section 489-F PPC i.e dishonestly issuing of a cheque towards repayment of a loan or fulfilment of an obligation has been proved before the learned trial Court by the prosecution. In the present case, complainant has failed to prove such necessary ingredient beyond shadow of doubt. It is settled principle of law that for giving benefit of doubt, it is not necessary that there should be many circumstances creating doubt. If there is a circumstance which creates reasonable doubt in the prudent mind about the guilt of the accused, then he would be entitled to its benefit not as a matter of grace or concession but as of right.
Criminal Revision No.272 of 2025
Shamim Aslam Versus The State etc.