30/08/2026
⚖️:Money Recovery in Pakistan - Order ###VI. CPC. 489-F & 406 PPC If a person has to recover money, civil and criminal remedies must be distinguished ○
📍 Order ###VII CPC - Summary Suit Where the claim falls within the scope of Order ###VII, particularly a claim based on a negotiable instrument such as a cheque, a summary suit for recovery may be instituted. The defendant cannot defend as of right; leave to defend is required ‣
📚 Section 489-F PPC - Dishonoured Cheque Where the statutory ingredients are fulfilled issuance of a cheque dishonestly towards repayment of a loan or fulfilment of an obligation, followed by dishonour, may attract Section 489-F PPC.
💎 Section 406 PPC - Criminal Breach of Trust Section 406 is different. It requires the essential ingredients of entrustment and dishonest misappropriation/conversion. Mere non-payment of a debt does not, by itself, establish criminak breach of trust
⚖️Practical Point Order ###VII --> Civil recovery 489-F PPC -> Criminal liability for qualifying dishonoured cheque 406 PPC -> Entrustment + dishonest misappropriation The correct remedy depends upon the actual transaction and evidence, and the sections should not be added mechanically.
Adv Mohsin Raza Khoso
Advocate and Legal Consultant .
Contact no: 03052148690.