Filing multiple FIRs for one dishonoured cheque constitutes abuse of process: LHC

LAHORE: The Lahore High Court held that it is an abuse of process of law to use multiple dishonoured cheques issued under one transaction sequentially to keep the accused under sustained criminal pressure.

The court relying on a verdict of august court declaring registration of second FIR in a cheque dishonor case as an abuse of the criminal process where all the cheques stemmed from common source and formed part of single transaction, confirmed bail of one Amna Shahzadi.

The petitioner had approached the court for pre-arrest bail in cheuqes dishonoured case issued for sale agreement of a school.

The court observed that the criminal process is being invoked, not to address a distinct offence, but to exert pressure for the recovery of money, which is not the purpose for which section 489-F PPC was enacted.

The court remarked that the criminal process must not be fragmented and invoked piecemeal in respect of what is, in substance, one composite grievance arising from a single transaction.

The court commenting on the case said, it is not disputed that FIR had already been lodged in respect of a cheque which was issued under the sale agreement.

The court said that it is equally not disputed that the petitioner was arrested in that case of a cheque which forms the subject matter of the present FIR, had allegedly been dishonoured earlier. Yet no criminal proceedings in respect of this cheque were initiated, that is, after the earlier FIR had already been lodged and the petitioner had been arrested therein.

The court said that the cheque in question formed part of one composite bargain already acted upon by the parties, and the present FIR appears to split criminal proceedings in respect of cheques issued under that agreement.

The court said in the facts of the present case, assessment of fraud, cheating, and deception can be made at the trial to evaluate whether any improper benefit, if at all, has been derived by the respondent on account of the stoppage of payment of his cheque which was wrongful. This aspect of the matter cannot be determined at the bail stage in the present case, the court added.

The court said that the cancellation of pre-arrest bail can be ordered in the instant case if the element of dishonesty is presently indicated from the conduct of the respondent.

Copyright Business Recorder, 2026