Categories
Criminal Laws

Law relating to dishonour / bounce of Cheque

Top Law Firms in Karachi PakistanDefination of “dishonoured cheque”, which when presented in the Bank same is refused of payment by the bank because of insufficient funds or it is not in order, it is called dishonestly issuing a cheque is a criminal offence in Pakistan. Dishonestly issuing a cheque is governed by section 489-F of the Pakistan Penal Code, 1860. The said section reads as follows:

489-F Dishonestly issuing a cheque: 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 and with fine 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.

The offence under this section is cognizable by police, non-bailable and compoundable.

Please note each case has to be seen on its own facts and circumstances.

Our Team is well trained to advise you on cheque bouncing, recovery of debt, recovery of money, legal notice for cheque dishnonour, lodging of First Information Report (F.I.R.) and other related matters to individual persons, firms, companies & Corporations both local and foreign. You can contact us for detailed consultancy and advice.

Fell Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

 

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Cheque dishonour and White Collar Crimes Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
About us Online Legal Services

Online Legal Advice and Counseling Karachi Pakistan

As a Sadqa and Zakkat , We provide free online legal advice counseling to deserving persons, our law Firm in Based in Karachi, Pakistan, therefore majority of queries are relating to Karachi, Pakistan. We generally receive queries for Free online legal advice and counselling from United States of America, Canada, Japan, United Arab Emirates, Germany, France and other countries.

We provide initial Free Legal Consultation to every needy person. If any person require further consultation same can provided when visit our office.

If you are residing outside Pakistan, you can pay a Fee USD 25 for telephonic consultation of each 30 minutes. We also use free calling software i.e. Viber and Skype for detailed discussion and better voice quality.

If you have any query / question regarding Pakistani Laws Feel Free to contact us. We provide free advice in the following fields of law:-

Banking Law

Civil Litigation

Civil Laws

Criminal Laws

Commercial Real Estate

Constitutional Law

Divorce Law

Family Law

Property Law

and other Laws

Feel free to contact us

You are welcome to contact us through Email and Telephone.

Please Contact Us for detailed consultation.

Telephone:  +92-321-2057582

Regular Website:  http://www.irfanlaw.com

 

Contact Pakistani Lawyer from London

Contact Pakistani Lawyer from Manchester

Free Legal Advice in Pakistan

legal advice in Karachi

Contact Pakistani Lawyer from New York

Contact Pakistani Lawyer from United States

Contact Pakistani Lawyer from Canada

Contact Pakistani Lawyer from France

Contact Pakistani Lawyer from Germany

Contact Pakistani Lawyer from California

Contact Pakistani Lawyer from Los Angles

Contact Pakistani Lawyer from Japan

Contact Pakistani Lawyer from Dubai

Contact Pakistani Lawyer from Saudi Arabia

We claim to be the best law firm in Karachi Pakistan for providing Best Legal Advice in Karachi, Pakistan. We can also assist you in your cases in High Court and Supreme Court of Pakistan.

Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

 

Telephone No.  +92-21-35642634
Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: info@irfanlaw.com
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

Law Firm based in Karachi and Islamabad, Pakistan having well experienced Advocates and Lawyers in the fields of Civil, Property, Family, Service, Trademark and other Local Laws.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

 

Categories
Criminal Laws

How to get registered FIR when Police Officer Refuses to lodge FIR in Karachi Pakistan

How to get registered FIR when Police Officer Refuses to lodge FIR in Karachi Pakistan

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police.  It is a duty of police to register FIR without any delay or excuses.

If Police refuses to register FIR then the aggrieved person can approach District & Sessions Judge for directing the Police to register his statement U/s. 154 Cr.P.C. In Karachi there are 5 Districts, therefore aggrived person havde to approch the District Judge who has jurisdiction of that Police Station.

Cognizable Offence:

A cognizable offence is one in which the police may arrest a person without warrant. They are authorized to start investigation into a cognizable case on their own and do not require any orders from the court to do so.

Non-cognizable Offence:

A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court’s permission.

Why is FIR important?

FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police start investigation of the case. According to Articles 21, 22, 23, 25, 49, 50 of Qanoon-e-Shahadat Order 1984, FIR is a relevant fact.

 Who can lodge FIR?

Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer that comes to know about a cognizable offence can file an FIR himself/herself. You can file FIR if:

a. You are the person against whom the offence has been committed.

b. You know yourself about an offence, which has been committed.

c. You have seen the offence being committed.

 

 

The police may not investigate a complaint even if you file an FIR, when:

1. The case is not serious in nature.

2. The police feel that there is not enough ground to investigate.

3. The police resources are already over-committed in investigating more serious offences. However, the police must record the reasons for not conducting an investigation and in the latter case must inform you (Section 157 of the Code of Criminal Procedure, 1898).

What is the procedure of filling FIR?

The procedure of filing an FIR is prescribed in Section 154 of the Code of Criminal Procedure, 1898. It is as follows:

I.  When information about the commission of a cognizable offence is given

orally, the police must write it down.

II.  It is your right as a person giving information or making a complaint to

demand that the information recorded by the police is read over to you.

III. Once the police have recorded the information in the FIR Register, the person

giving the information must sign it.

IV. You should sign the report only after verifying that the information recorded

by the police is as per the details given by you.

V.  People who cannot read or write must put their left thumb impression on the

document after being satisfied that it is a correct record.

VI.  Always ask for a copy of the FIR, if the police do not give it to you.

VII. It is your right to get a copy of FIR free of cost.

 

What should you mention in the FIR?

1. Your name and address;

2. Date, Time and Location of the incident you are reporting;

3. The true facts of the incident as they occurred, including the use of weapons, if any;

4. Names and description of the persons involved in the incident;

5. Names and addresses of witnesses, if any. (Format used by the police for the registration of FIR is attached).

 

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Mergers and Acquisitions Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
About us

Lawyers and Advocates of our Law Firm at Thatta Sindh Pakistan

The Lawyers &  Advocates of Law Firm at Thatta are well trained in the Property Law, Criminal Law, Corporate Law, Family & Divorce Law and Civil Litigations.

Irfan Mir Halepota & Associates is a truly law firm, uniquely positioned to help our clients achieve their ambitions in today’s world. Our Office at Thatta, caters need of our clients based in Thatta.

As a pioneering law firm, our expertise and diverse team of well qualified lawyers consistently deliver results for our clients at Thatta.

In both established and emerging markets, our lawyers are integral, long-standing members of the community, giving our clients insights into the local business environment.

We work with some of the world’s most respected and well-established banks and businesses, as well as start-up visionaries, governments and state-owned entities. Our Team of Advocates and Lawyers at Thatta provide services in following fields of law:-

Civil / Property Litigation

Corporate Law

Criminal Law Litigation

Banking Law Litigation

Bankruptcy or insolvency

Child support or maintenance

Child custody

Court marriage

Divorce & Khula

Family Law matters

Property inheritance matters.

 

Fell Free to Contact Us for detailed consultation.

Telephone: +92 321-2057582

Regular Website:  http://www.irfanlaw.com

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Criminal Laws

Law of Bail in Criminal Cases in Pakistan

Law of Bail in Criminal Cases in Pakistan.

CHAPTER XXXIX – OF BAIL
496. In what cases bail to be taken. When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer incharge of a police-station or appears or is brought before a Court, and is prepared at any lime while in the custody of such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail: Provided that such officer of Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:
Provided further that nothing in this section shall be deemed to affect the provisions of section 107, subsection (4), or section 117, sub-section (3).
497. When bail may be taken in cases of non-bailable offence. (1) When any person accused of nonbailable offence is arrested or detained without warrant by an officer-in-charge of a police station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or [imprisonment for life or imprisonment for ten years].Pakistan: Code of Criminal Procedure 1898 Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail:
Provided further that a person accused of an offence as aforesaid shall not be released on bail unless the prosecution has been given notice to show cause why he should not be so released.
[Provided further that the Court shall, except where it is of opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf or in exercise of any right or privilege under any law for the time being in force, direct that any person shall be released on bail–
(a) who, being accused of any offence not punishable with death, has been detained for such offence for a continuous period exceeding one year and whose trial for such offence has not concluded; or
(b) who, being accused of an offence punishable with death, has been detained for such offence for a continuous period exceeding two years and whose trial for such offence has not concluded.
Provided further that the provisions of the third proviso to this subsection shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or involved in terrorism.]
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) Ah officer or a Court releasing any person on bail under sub-section (1) or sub-section (2) shall record in writing his or its reasons for so doing.
(4) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court Is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by him of a bond without sureties for his appearance to hear judgment delivered.
(5) A High Court or Court of Session and, in the case of a person released by itself, any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.
498. Power to direct admission to bail or reduction of bail. The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and the High Court or Court of Session may, in any case, whether there be an appeal on conviction or not direct that any person be admitted to bail, or that the bail required by a police-officer or Magistrate be reduced.
[498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered etc. Nothing in section 497 or section 498 shall be deemed to require or authorise a Court to release on bail, or to direct to be admitted to bail any person who is not in custody or is not present in Court or against whom no case stands registered for the time being and an order for the release of a person on bail, or direction that a person be admitted to bail shall be effective only in respect of the case that so stands registered against him and is specified in the order or direction.]

Feel Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

Categories
Litigation

Criminal Litigation Law Firm in Karachi, Pakistan

We are among the top criminal Defence lawyers specialized for criminal litigation and represent in various Courts of Karachi, Sindh, Pakistan. Our Lawyers are among the top for criminal cases and deal in criminal issues such as banking frauds, intellectual property frauds, violation of cyber laws like the stealing of data and other such forgery, piracy cases, cheque dishonor cases, Narcotics and Drugs violations, Custom & Excise Laws, General Criminal laws namely Bails, Trails, Evidence, Suspension of Sentences, Appeals, Revisions, Quashing of FIR and Criminal Writs.

In today’s world the crime rate is increasing and the corporate world is no longer safe from it. Lot of crime is happening in day to day routines in big companies. That is why we have good number of corporate clients who seeks our advice in various employee activities.

Criminal Cases are the most difficult tasks to handle as compared to civil cases. The lawyers for criminal laws should be very dedicated in saving the life or the imprisonment or any penalty of the innocent persons. Our Lawyers are experienced people who are well versed in all types of laws related to criminal cases. We have saved many of our clients from being penalized for miscellaneous issues and we enjoy good faith in all our clients and our network is very strong and our capabilities are very robust for criminal cases.

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Civil and Criminal Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582