S.

489-F

Bail – Accused

2020 Y L R 2064

[Lahore (Bahawalpur Bench)]

Before Tariq Saleem Sheikh, J

NOOR AHMAD---Petitioner

Versus

The STATE and others---Respondents

Delay in presenting cheque---Stale/out of date cheque---Accused raised the plea that the cheque relied
upon by complainant was presented one year after it was issued and no case could be registered against
him---Validity---Cheque that was presented beyond six months from the date of issuance was generally
regarded as 'stale' or 'out of date'---Bank was not obliged to honour such cheque unless instructed by
account holder otherwise---Glossary issued by State Bank of Pakistan in Banking could be reckoned as an
authentic reflection of 'usage of trade and of bankers' contemplated in S.84(2) of Negotiable
Instruments Act, 1881---Cheque was out of date and complainant knew that it would not be encashed
even then he presented it merely to bring the case against accused under S.489-F, P.P.C.---Case against
accused was one of further inquiry---Pre-arrest bail was confirmed, in circumstances.

(Ad interim pre arrest bail confirmed)