IN THE COURT OF DISTRICT AND SESSIONS
HYDERABAD
Criminal Misc. Application No: of 2024
Ayaz Hussain S/o Muhammad Ishaq
Muslim, Adult, by caste Samoon
R/o House No.214, Mohallah Sonar
Taluka & District Tando Allahyar -------
Complainant/Applicant
Versus
1- Iftikhar Ahmed S/o Nisar Ahmed Samo
Muslim, Adult, Resident of Nagri Parro
Tando Allahyar
2- The State -------------------- RESPONDENTS
Crime No: 195/2024
P.S: Tando Jam
U/S: 489-F PPC
APPLICATION U/S 497(5) CR.P.C
It is respectfully prayed on behalf of
applicant/complainant that this Honourable Court may
graciously be pleased to CANCEL the bail of respondent
No.1/accused in above mentioned case/crime by recalling
the order dated 01-10-2024 whereby the respondent
No.1/accused was enlarged on bail by this Honourable
Court, so he may be taken into custody and remanded to
jail, on consideration of following facts and grounds:-
FACTS
1- Brief facts of prosecution case as per FIR are
that on
25-9-2024 at 1930 hours complainant Ayaz Hussain
registered present FIR for the incident allegedly took place
on 16-08-2024 at bank time, the contents whereof are as
under:-
Complaint is that, I am doing business of gold,
one Iftikhar Ahmed is my relative and he is also doing
business of gold, whose shop is situated in Tando Jam.
Iftikhar Ahmed acquired gold from me valued
Rs.35,00,000/-. When I demanded my amount, Iftikhar
Ahmed gave me cheque cheque bearing No.10084729
dated 10-07-2024 of Al-Habib Bank Tando Jam Branch for
Rs.35,00,000/-. Upon presentation of such cheque in my
account in MCB Bank Tando Allahyar, the said cheque was
bounced. Thereafter I contacted to Iftikhar Ahmed and
disclosed him about the bounce of cheque who gave me
hopes. Hence this FIR.”
2- That, after registration of FIR police concerned
has started investigation and arrested the respondent
No.1/accused and then police produced the respondent
No.1/accused in custody before this Honourable Court.
Subsequent thereto, the respondent No.1/accused has
filed post arrest bail, which was granted by this
Honourable Court vide Order dated 01-10-2024.
GROUNDS
1- That, there are reasonable grounds to believe
that respondent No.1/accused is guilty of offence with
which he stands charged.
2- That, story described in the FIR is very much
true, genuine and applicable to the prudent mind.
3- That, specific role has been assigned to
respondent No.1/accused who has been issued cheque to
the complainant/applicant.
4- That, this Honourable Court was pleased to
grant the bail to the respondent No.1/accused against,
such order of this Honourable Court is against the law and
natural norms of justice.
5- That, this Honourable Court did not heard the
applicant/complainant and his counsel and without hearing
the complainant party, this Honourable Court was pleased
to grant the bail to the respondent No.1/accused.
6- That, the respondent No.1/accused has filed his
bail application on the basis of false, frivolous, fabricated,
managed and baseless grounds.
7- That, the respondent No.1/accused has not
denied the issuance of cheque from him in his bail
application, so such element is clear that the respondent
No.1/accused had issued cheque to the
complainant/applicant, thus this is a negotiable
instrument.
8- That, the section 489-F PPC is non-bail able,
further the issuance of cheque is financial murder and it is
settled principle that the bail should not be grant in this
crime.
9- That, it is necessary to disclose here that the
complainant/applicant and the respondent No.1/accused
are goldsmith and they have used to deal of gold with
each other..
10- That, the respondent No.1/accused has
borrowed gold from the complainant/applicant, for which
the amount of Rs.35,00,000/- is outstanding against the
respondent No.1/accused and for pay of such amount the
respondent No.1/accused has issued one cheque bearing
No.10084729 dated 10-07-2024 of Al-Habib Bank Tando
Jam Branch for Rs.35,00,000/- to the
complainant/applicant. Upon presentation of such cheque
before the concerned bank, the same was bounced and the
bank authority issued such return memo.
11- That, thereafter the complainant/applicant
contacted to the respondent No.1/accused who gave hopes
to the complainant/applicant for return of the amount.
12- That, after passing some time the
complainant/applicant filed an application under section
22-A & B CrPC before the Honourable Court of Sessions
Judge Hyderabad, which was allowed and then the FIR has
been registered against the respondent No.1/accused.
Then after, again the respondent No.1/accused gave false
hopes to the complainant/applicant for return of his
amount.
13- That, it is also necessary to mention here that
after passing order for registration of FIR in the
application U/S 22-A & B CrPC, the applicant/complainant
approached to PS Tando Jam for registration of FIR, but
concerned SHO after some days refused to lodge the FIR
by saying that matter pertains to the Tando Allahyar
because the parties are resident of Tando Allahyar and the
memo of cheque is also issued from the bank at Tando
Allahyar.
14- That, thereafter, applicant/complainant
approached to S.P Complaint Cell Tando Allahyar for
registration of FIR, who hold inquiry in this matter and
thereafter they advised the applicant/complainant to
approach to PS Tando Jam for registration of FIR.
Thereafter the registration of FIR was lodged about 40
days delay due to the jurisdiction issues of police
department.
15- That, the as per recent criminal law (amendment)
Act,2018 following changes has been made in section 489f of PPC, if
amount mentioned in the cheque is one million rupees or or but less
than five million rupees with the improsonment of either description
for a term which may extend to five years or with the fine which shall
not less than double amount mentioned in the cheque or with both,here
amount mentioned in the cheque is 35,00,000/- (thirty five lacs)
rupees whereby the honorable trial court has no jurisdiction to
entertaining the bail application this jurisdiction is given to court of
sessions.
16- That, after the registration of FIR the police
apprehended the respondent No.1/accused and thereafter
he has filed bail application which was granted by this
Honourable Court without any cogent ground.
17- That, upon bare reading of the Order passed by
this Honoruable Court it is apparent that no any logical
and convincing element has been mentioned in the order
for granting of bail to the respondent No.1/accused.
18- That, the upon bare reading of the Order passed mere
nomination of accused in FIR does not constitute of an offense here in
FIR is clear cut mentioned in the FIR there is availability of four
ingredients of section of 489F PPC
a) Cheque was issued by accused
b) That this dishonored by the bank.
c) This cheque was issued for repayment loans or fulfillment of an
obligation.
d) this was issued dishonestly.
19- That, the applicant/complainant has suffered
from very hectic process to meet the justice in this matter
but this Honourable Court was pleased to grant the bail to
the respondent No.1/accused which caused the injustice
and illegality to the applicant/complainant.
20- That, this Honourable Court without applying its
judicial mind grant the bail to the respondent
No.1/accused.
21- That, there is gross negligence, illegalities and
irregularities have been occurred in the order passed by
this Honourable Court for grant of bail to the respondent
No.1/accused.
22- That, there is no any solid justification has been
appraised in the order for grant of bail to the respondent
No.1/accused.
23- That, due to the grant of bail to the respondent
No.1/accused by this Honourable Court, the
applicant/complainant is seriously suffered which also
caused him the huge financial/business loss.
24- That, there is great apprehension that
respondent No.1/accused might have jumped over the bail
and will abscond away after causing harm to
applicant/complainant and his witnesses, hence he may be
remanded to jail custody till completion of his trial to
avoid any mishap and harm to applicant/complainant and
his witnesses.
25- That, there is every likely of conviction of
respondent No.1/accused after completion of trial, that s
why respondent No.1/accused has become worried and
rushed towards complainant and has started misusing the
concession of bail.
26- That, if respondent No.1/accused is not taken
into custody or he remains on bail, then there is great
apprehension that any eventuality might be occurred at
any time and applicant/complainant will sustain harm at
the hands of accused.
27- That, other legal and fresh grounds will be
advanced at the time of arguments with permission of this
Honourable Court.
Hyderabad
Dated: -10-2024 APPLICANT/COMPLAINANT
ADVOCATE FOR
APPLICANT/COMPLAINANT
For immediate use only
IN THE COURT OF CIVIL JUDGE/JUDICIAL
MAGISTRATE-VII HYDERABAD
Criminal Misc. Application No: of 2024
Ayaz Hussain -------------
Complainant/Applicant
Versus
Iftikhar Ahmed & Another ------------- Respondents
AFFIDAVIT
I, Ayaz Hussain S/o Muhammad Ishaq, Muslim,
Adult, by caste Samoo, R/o House No.214, Mohallah Sonar
Taluka & District Tando Allahyar , do hereby state on oath
as under:-
1- That, I am applicant in the above matter, as
such am well conversant with the facts of the matter.
2- That, present affidavit and accompanying
application for cancellation of bail of accused have been
drafter and filed under my instructions and contents of the
same are true and correct.
3- That, respondent No.1/accused is committed
heinous offence for giving cheque which caused me
financial loss.
4- That, contents of accompanying application may
please be treated as part and parcel of this affidavit for
the sake of brevity.
Whatever stated above is true and correct to
the best of my knowledge and belief.
Hyderabad
Dated: -10-2024 (DEPONENT)
I know the deponent above named
(Advocate)
The deponent above named is identified by
Mr. Junaid Advocate, who is personally known to me.
Commissioner for taking
affidavit
The contents of above affidavit have been read over
and explained to the deponent above named in his
language at Hyderabad on this ____ day of October, 2024
which he confirms by putting his signature as true and
correct on solemn affirmation before me.
Commissioner for taking
affidavit
