Post-dated cheques are still one of the most common ways businesses and individuals in Pakistan secure payments — and cheque bounce cases are just as common. Many people don’t realize that dishonouring a cheque isn’t just a banking inconvenience; under Pakistani law, it can be a criminal offence with real jail time attached.

1️⃣ The Legal Basis

Section 489-F of the Pakistan Penal Code criminalizes issuing a cheque dishonestly, knowing it will be dishonoured, in order to induce someone to deliver property or make a payment. This is separate from the civil remedy of suing for the underlying debt.

2️⃣ What the Complainant Must Show

• A cheque was issued in the complainant’s favor for a debt or liability.
• The cheque was dishonoured on presentation to the bank — insufficient funds, account closed, or signature mismatch.
• The accused issued it dishonestly, with knowledge it would not be honoured.
• Demand for payment was made and not fulfilled within the specified period after dishonour.

✅ Practical example: A supplier in Karachi accepted a post-dated cheque from a client for goods delivered on credit. When the cheque bounced twice, the supplier issued a legal notice demanding payment, and upon non-payment, filed a complaint under Section 489-F — leading to the client settling the dues to avoid criminal proceedings.

3️⃣ The Process

1. Present the cheque again if there’s reason to believe funds may now be available, or proceed directly to a legal notice.
2. Send a legal notice demanding payment within a reasonable period, referencing the dishonoured cheque.
3. If payment is not made, file a criminal complaint before the relevant Magistrate under Section 489-F.
4. The court can issue a warrant for the accused’s appearance if the complaint discloses an offence.

4️⃣ Defences Commonly Raised

• The cheque was issued as security, not in discharge of an existing debt or liability.
• The cheque was blank or altered without authorization.
• No legally enforceable debt existed at the time the cheque was issued.

💡 Practical Tips

• Always retain a copy of the dishonoured cheque and the bank’s return memo — these are essential evidence.
• Send the legal notice through a lawyer via registered post or courier, and keep proof of delivery.
• If you issue post-dated cheques yourself, only do so when you are certain funds will be available — the criminal exposure is real and courts take these complaints seriously.
• Consider settlement early — many 489-F cases are resolved once the accused realizes the criminal exposure involved.

Need Legal Assistance?

HSJ Legal, led by Advocate Hina Saleem Jessani (High Court Advocate, Karachi), represents clients in cheque dishonour complaints and defends against wrongful 489-F allegations.

📞 Get in touch with us today if you’re dealing with a dishonoured cheque, on either side of the dispute.