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CRIMINAL LAW (AMENDMENT) ORDINANCE, 2002

LXXXV OF 2002

 

An ordinance further to

amend the Pakistan penal Code,

and the Code of Criminal procedure, 1898

 

[Gazette of Pakistan, Extraordinary, Part-I, 25th October, 2002]

 

                F. No 2 (1)-Pub:- The following ordinance promulgated by the president is hereby published for general information:-

               

WHEREAS It is expedient further to amend the Pakistan penal code (Act XLV of 1860) and the code of criminal procedure, 1898 (Act V of 1898) for the purposes hereinafter appearing.

               

AND WHEREAS The president is satisfied that circumstances exist which render it necessary to take immediate action:

               

NOW, THEREFORE, in pursuance of proclamation of Emergency of the fourteenth day of October, 1999, and the provisional Constitution Order No. 1 of 1999, read with the provisional Constitution (Amendment) order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the president of the Islamic Republic of Pakistan is pleased to make and promulgate the following ordinance:-

 

1.             Short title and commencement:- This ordinance may be called the Criminal law (Amendment) Ordinance, 2002.

(2)                 It shall come into force at once.

 

2.             Insertion of new Section 489F, Act XLV of 1860:- In the Pakistan penal code (XLV of 1860)after Section 489 E  the following new Sections shell be inserted, namely –

 

489F.      Dishonestly issuing a cheque:– Whoever dishonestly issues a cheque towards repayment of an loan or fulfillment of an obligation, which is dishonoured, shall be publishable with imprisonment which may extent 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 honored and that the bank was at fault in not honoring the cheque.

 

3.             Amendment of Section 32, Act V of 1898:– In the Code Criminal procedure, 1898 (V of 1898), hereinafter referred to as the criminal code, in section 32 in sub-section (1).–

(i)                  In clause (a), for the words “fifteen thousand” the words “forty five thousand” shall be substituted;

(ii)                 In clause (b), for the words “five thousand” the words “fifteen thousand” shall be substituted; and

(iii)                In clause (c), for the words “one thousand” the words “three thousand” shall be substituted.

 

4.             Amendment of Section 260, Act, V of 1898:–  In the Criminal code, in section 260, in sub-section (1)—

(i)                   In clause (c), for the figure “323” the words brackets, figures and letter “clause (i) of section 337-A” shall be substituted; and

(ii)                 In clauses (d),(e),(f) and (g) each, for the words “two thousands and five hundred rupees” the words “ten thousand rupees” shall be substituted.

 

5.             Amendment of section 261, act V of 1898:– In to Criminal code, in section 261, in clause (a), for the figures and commas “323, 334, 336” the figures, letters, brackets and commas “ 337A (i), 337L(2), 337H(2),” shall be substituted.

 

6.             Amendment of section 345, Act V of 1898:– In the criminal code, in section 345, in sub-section (1),in the table, after the entries relating to offence of “House Trespass”, the following entries shall be inserted, namely: 

 

Dishonestly issuing a cheque for repayment of loan or fulfillment of an obligation.

489F

The person in whose favour cheque issued.”

 

 

         7.             Amendment of Schedule II, Act V of 1898:– In the criminal code, in Schedule II, after the entries relating to Section  489E, the following new entries shall be inserted, namely:-

 

1

2

3

4

5

6

7

8

489F

Dishonestly issuing cheque for repayment of loan etc.

Ditto

Ditto

Ditto

Compoundable

Imprisonment of either description for 3 years or with fine or with both.

Magistrate of the  first class

 

 

 

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