Section 489-F talks about a false cheque and punishment for a dishonest given cheque for repayment of debt. This article will talk about the case laws and punishment for dishonor cheques.
Dishonestly issuing a cheque Section 489-f (Pakistan Penal Code): Whoever dishonestly gives a cheque for repayment of a debt or fulfillment of an obligation dishonored on presentation faces imprisonment for up to three years or a fine, or both.
Conditions for fulfillment:
Conditions for Section 489-F Punishment must fulfill
- Someone issued a cheque.
- The bank dishonored that cheque.
- This cheque was issued to repay a debt or to fulfill an obligation.
- This cheque was fraudulently issued.
If a cheque bounces at the bank, you (the payee) shall send a legal notice to the accused individual, together with a copy of the dishonored slip, through registered mail and envelop. After 14 days, you must file a case against the perpetrator under Section 489-F.
Notice to the drawer after cheque dishonor
- if the amount mentioned in the cheque is less than one million Rupees, with imprisonment of either description or a term which may extend to three years or with a fine which shall not be less than double the amount mentioned in the cheque or with both; or
- if the amount mentioned in the cheque is one million Rupees or more but less than five million Rupees, with imprisonment of either description for a term which may extend to five years or with the fine which shall not be less than double the amount mentioned in the cheque or with both; or
- if the amount mentioned in the cheque is five million Rupees or more but less than the ten million Rupees, with imprisonment of either description for a term which may extend to seven years, or with a fine which shall not be less than double the amount mentioned in the cheque or with both, or
- if the amount mentioned in the cheque is ten million Rupees or more, with imprisonment of either description for a term which may extend to ten years or with a fine which shall not be less than double the amount mentioned in the: cheque or with both,
unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honored and that the bank was at fault for not honoring the cheque.
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Issuing a check dishonestly Section 489-F Punishment Catagory-wise distribution:
| imprisonment of either description up to 3 years or fine which shall not be less than double the amount mentioned in the cheque or with both; | Magistrate of the First Class |
| imprisonment of either description up to 5 years or fine which shall not be less than double the amount mentioned in the cheque or with both; and | Court of Sessions |
| imprisonment of either description up to 7 years or a fine which shall not be less than double the amount mentioned in the cheque or with both | Court of Sessions |
| imprisonment of either description up to 10 years or a fine which shall not be less than double the amount mentioned in the cheque or w(h both | Court of Sessions |
Section 489-F can’t be used for recovery of the amount:
The Supreme Court found that the reasoning and goal of Section 489-F of the Pakistan Penal Code (PPC) were not to recover an alleged amount, but rather to determine the offense.
The judgment was made by Justice Sayyed Mazahar Ali Akbar Naqvi while giving bail to the accused implicated in the crime under Section 489-F.
The bail case was considered by a three-judge panel of the Supreme Court chaired by Justice Maqbool Baqar.
The court notes that Section 489-F of the PPC does not seem to be a provision intended by the legislature to be employed for the recovery of an alleged sum. Rather, it is simply to decide the guilt of a criminal offense and to impose a punishment, fine, or both in accordance with the provisions of the relevant section.
Related Article: How to file a case in Consumer Court
Some other Case Laws:
To Download Judgement 2022 LHC 1464
PLD 2006 Lah 752 (a): The purpose of 489-F was to curb the fraudulent or dishonest issuance of cheques to cause dishonest gain or to cause illegal loss, before approaching the investigation agency or launching a Criminal Prosecution the payee could give notice to the drawer after dishonor of cheque.
2005 SCMR 306: Quashing of F.I.R. Cheque was dishonored and complainant laughed an F.I.R. against the accused. An accused raised plea that the disputed entire amount was paid but from a different account. F.I.R. was quashed
2006 P Cr L J.157, 2005 P Cr L J.684, 2005 YLR 1565: Petitioner in his application filed under section 22-A Cr PC . for registration of case for the offense under section 489-F PPC, against the person who issued a cheque in favor of the petitioner and was bounced.
But the Additional Session Judge dismissed his application on grounds that which had introduced offense under Section 489-F PPC had died its natural death, and the honorable High Court set aside the order of Additional.
