MUHAMMAD ASHRAF vs State S — 2021 PCrLJ 586 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD ASHRAF VS State S. 489-F--- Dishonestly issuing a cheque---Appreciation of evidence---Benefit of doubt---Accused issued cheques, which were dishonoured on presentation, due to insufficient balance in the account---Record showed that the entire case was based on the testimony of the complainant being star witness of the case---Complainant stated in his statement that in the month of March 2017, the accused started partnership with a Trading Company and was doing business with him of Rs.30000000/----In the meanwhile, Rs. 1,48,000,00/- was outstanding against him---On demand of the same, the accused first lingered on the matter but consequently issued cheques---On presentation, the same were dishonoured due to insufficient balance in the account---Complainant did not produce any agreement in respect of business partnership, which was the basic document to establish the relationship between the complainant and accused---Statement of complainant was silent with regard to place where such transaction took place---Furthermore, complainant had failed to produce a single document to establish the existence of any partnership allegedly carried out between him and the accused---Complainant had also failed to give the full particulars of the said partnership---Complainant could not establish on record that there had been any transaction between him and the accused for which the cheques had been issued and subsequently were declared dishonoured---Complainant stated during cross-examination that he himself filled the cheque at the instance of the accused, meaning thereby that the cheque was filled/written by the complainant himself and he also mentioned the amount in the said cheque---Said fact proved that the accused did not issue the cheque wilfully and intentionally---Similarly witness/representative of the Bank stated during cross-examination that there was cutting on the cheque of Rs.600000/=---Said aspect of the matter casted serious doubt in the prosecution case which was not considered by the Trial Court as well as appellate court---Criminal revision was allowed and accused was acquitted by setting aside the impugned judgments passed by the Trial Court and appellate court.

MUHAMMAD ASHRAF vs State S — 2021 PCrLJ 586 QUETTA-HIGH-COURT-BALOCHISTAN

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