ASKARI BANK LIMITED vs TARA CHAND S — 2022 CLD 1042 KARACHI-HIGH-COURT-SINDH

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ASKARI BANK LIMITED VS TARA CHAND S.20(1)(a) & (b)---Criminal Procedure Code (V of 1898), S.265-K---Wilful default---Appreciation of evidence---Appeal against acquittal---Prosecution case was that respondent availed finance facilities but did not adjust their liabilities and committed default in fulfilling the financial and contractual obligations---Respondent was acquitted by Trial Court in exercise of S. 265-K, Cr.P.C.---Validity---Trial Court recorded acquittal of the respondent on two grounds, firstly, that the FIA Forensic Laboratory had opined that loan papers contained fake signatures of respondent and secondly that respondent was out of country at the relevant time---As per S. 510, Cr.P.C., in case of report of Chemical Examiner, Assistant Chemical Examiner, Serologist, Finger-print and Firearm Expert appointed by Government or of the Chief Chemist of Pakistan Security Printing Corporation Limited, if any report was issued by the said named officers in respect of various fields of sciences mentioned in it then their report could be produced in evidence without calling them and could be used as evidence in any inquiry or trial or other proceedings under Criminal Procedure Code---Handwriting science was a completely different field and a different science than the other mentioned categories of sciences--- As such, the opinion/report of the handwriting expert could not be relied upon without examining its author and without taking the same on record and exhibiting in order to provide an opportunity to the other side to cross-examine him---Record reflected that the Trial Court had acquitted the respondent while considering his travel history obtained from the FIA---However, it was observed that an attempt to disprove or at least to challenge the authenticity of document should have been provided to the other side---Plea of alibi could be substantiated through leading evidence which an accused shall, no doubt, enjoy but at his turn within meaning of S. 265-F of the Code---Law favoured the disposal of cases on merits---However, it was in the interest of justice that both the parties should be provided opportunity to prove their versions by producing evidence---High Court observed that duty of the court was not only to protect innocent, but also to punish the guilty---Main consideration to be kept in view would be whether the continuance of the proceedings before the Court would be futile exercise, wastage of time and abuse of process of court or not---If on the basis of facts admitted and present on record no offence could be made out, then it would amount to abuse of process of law to allow the prosecution to continue with the trial---Record reflected that the present case was based upon documentary evidence and the evidence was yet to be recorded against the accused/respondent---Admittedly there was no bar of limitation as to the trial or the stage of the proceedings for filing an application for acquittal of the accused, but propriety required that fair opportunity should be provided to the complainant Bank to prove its case by producing evidence---Circumstances established that the jurisdiction under S. 265-K, Cr.P.C. had not been exercised properly by the Trial Court---Thus, acquittal appeal was allowed by setting aside the impugned order and matter was remanded to the Trial Court, which shall proceed from the stage at which the case stood when the application of accused/respondent under S. 265-K, Cr.P.C. was decided.

ASKARI BANK LIMITED vs TARA CHAND S — 2022 CLD 1042 KARACHI-HIGH-COURT-SINDH

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