Cheque Dishonour (489-F) Lawyer in Karachi

Section 489-F: dishonestly issuing a cheque

When a cheque given to repay a loan or to meet an obligation is dishonoured, the person who issued it can be prosecuted under Section 489-F of the Pakistan Penal Code. The offence carries imprisonment of up to three years, or a fine, or both. The same cheque is also evidence of a debt, so a criminal case and a civil recovery suit can run side by side.

For the payee

1. Keep the evidence — the original cheque, the bank's dishonour memo, and proof of the loan or obligation it was given for.
2. FIR — the offence is cognizable, so the case starts with an FIR at the police station with jurisdiction.
3. Recovery suit — filed in the civil court to obtain a money decree, which is then executed against the debtor's assets.

For the accused

An offence under Section 489-F is non-bailable, but it does not fall within the prohibitory clause of Section 497 Cr.P.C., so bail is commonly granted. The defence turns on whether the cheque was really issued for a loan or obligation, and on the facts around its dishonour. See our bail lawyer page.

Documents

• The original dishonoured cheque
• The bank's dishonour memo
• Proof of the loan or obligation — agreement, receipts or messages
• CNIC copies

For recovery of other unpaid money, see debt and payment recovery.