Dishonoured Cheques offence u/s 489F Pakistan Penal Code
Filing a complaint under section 489-F of the Pakistan Penal Code, 1860
Section 489-F of the Pakistan Penal Code, 1860, is a criminal provision that deals with the offence of dishonestly issuing a cheque that is dishonoured on presentation. This offence is punishable with imprisonment up to three years and fine, unless the drawer can prove that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque.
This remedy is suitable for cases where the drawer has issued the cheque dishonestly, with the intention of defrauding or cheating the creditor. For example, if the drawer has issued the cheque knowing that he has insufficient funds in his account, or if he has issued the cheque to obtain goods or services and then stopped payment on the cheque.
To file a FIR under section 489-F of the Pakistan Penal Code, the creditor has to follow these steps:
The cheque must have been presented to the bank within six months of the date on which it was drawn or within the period of its validity, whichever is earlier.
The creditor must have made a demand for the payment of the amount of the cheque by giving a notice in writing to the drawer within thirty days of the receipt of information from the bank regarding the return of the cheque as unpaid.
The drawer must have failed to make the payment of the amount of the cheque to the creditor within fifteen days of receipt of the notice.
The creditor must file FIR under section 489-F of the Pakistan Penal Code within six months of the date of dishonour of the cheque.
The trial of this offence is conducted by a Magistrate of the first class.
The advantage of this remedy is that it is a speedy and effective way to punishing the drawer. The disadvantage is that it may involve a lot of legal formalities and procedures, and the outcome may depend on the evidence and the discretion of the court.
The relevant section interpretation of section 489-F of the Pakistan Penal Code is as follows:
“Whoever dishonestly issues a cheque towards re-payment of a loan or fulfillment of an obligation which is dishonoured on presentation, shall be punishable with imprisonment which may extend to three years, or with fine, 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 honoured and that the bank was at fault in not honouring the cheque.”
This means that the person who issues a cheque with the intention of not paying the creditor, and the cheque is returned by the bank as unpaid, is guilty of a crime and can be sent to jail or fined or both, unless he can prove that he had enough money in his account or that the bank made a mistake in not paying the cheque.
How to choose the best remedy for dishonoured cheques in Pakistan?
There is no hard and fast rule to choose the best remedy for dishonoured cheques in Pakistan. It depends on the facts and circumstances of each case, and the objectives and preferences of the creditor. However, some general factors that may help the creditor to decide are:
• The amount and nature of the cheque
• The reason and intention of the drawer for issuing the cheque
• The relationship and history between the creditor and the drawer
• The financial and legal status of the drawer
• The time and cost involved in pursuing the remedy
• The chances and risks of success and failure of the remedy
The creditor may also consult a legal expert for advice and guidance on the best course of action.
Conclusion
Dishonoured cheques are a common problem in Pakistan, but they are not the end of the world. There are legal remedies available for the creditors to recover their money and hold the defaulters accountable. The creditors have to act promptly and wisely, and choose the remedy that suits their case and interests. By doing so, they can protect their rights and interests, and avoid further losses and troubles.