Navigating the Legal Framework of Dishonored Cheques: A Comparative Analysis of Civil And Criminal Remedies Available in Pakistan

Abstract

This article focuses upon the legal implications surrounding offence of dishonored cheques in Pakistan, converging on the interplay particularly between Section 489-F of the Pakistan Penal Code (PPC) and the summary procedures sketched in Order XXXVII of the Civil Procedure Code (CPC). The article explores significant challenges within the hierarchy of current system, including inconsistencies in legal interpretations and the potential for conflicting judgments between criminal and civil proceedings. The article employs firsthand data from district courts to exemplify the practical outcomes of these laws, depicting a low conviction rate under Section 489-F but a considerable success rate in civil suits under Order XXXVII CPC. The article also recommends amendments for harmonizing the substantial aspects of these laws to reduce number of litigation and ensure fair outcomes through legislative reforms.

Keywords: Dishonored Cheques, Section 489-F PPC, Order XXXVII CPC, Digital transaction, Cybercrime, Literacy rate,  Legal framework, Obligation, Dishonestly, Burden of proof, Civil liability, Procedural inconsistencies, Quantitative analysis, Penalty proportionality, Compensation order