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

Case information

Citation
2021 PCrLJ 586 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PCRLJ
Parties
MUHAMMAD ASHRAF vs State S
Provisions referred to
S. 489-F---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ASHRAF VS State S. 489-F--- Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Dishonestly issuing a cheque---Appreciation of evidence---Withholding material evidence---Effect---Accused issued cheques, which were dishonoured on presentation, due to insufficient balance in the account---Complainant stated in his report as well as in his statement before the court that he was Manager of the Trading Company, meaning thereby that complainant was not the owner of the said Trading Company---In such view of the fact, the question arose that in what capacity the accused had given the cheques to him---Moreso, prosecution neither cited the owner of the Trading Company as well as his brother as witnesses in the challan nor produced them before the Trial Court---In order to establish the version put forth by the complainant, the presence of said important witnesses would have further strengthened the prosecution version---Non-production of such important witnesses, as provided under Art. 129(g) of Qanun-e-Shahadat, 1984 would cast adverse inference, that if the said witnesses had been produced they would not have supported the prosecution version---Criminal revision was allowed and accused was acquitted by setting aside the impugned judgments passed by the Trial Court and appellate court.

Other judgments reported in 2021 PCRLJ

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