AYAZ-UL-HAQ vs State Ss — 2022 MLD 1287 PESHAWAR-HIGH-COURT

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

AYAZ-UL-HAQ VS State Ss. 9 & 10---Corruption and corrupt practice---Appreciation of evidence---Benefit of doubt---Accused was found allegedly involved in collection of money under the garb of Mudariba business and for the purpose lured people to handover their money on the promise that they would be given exorbitant profit, however such profit was stopped after few months and deprived the claimants of their hard earned savings---Witnesses had admitted at trial and had also been held by the trial Court in the impugned judgment that some of the mudariba nama were signed by the accused as "Wasi" a guarantor---However, while going through the record it was found that there was no undertaking by the accused that in case the principal accused failed to abide by the terms of the agreement, he would satisfy the claim of the complainants---Agreement between principal accused and the witnesses individually arrived and agreed upon certain terms of investment of an amount---Margin of the profit was also fixed by them---Agreed profit was paid to the witnesses for some months, the receipts whereof were exhibited in the Court and were available on the file---Accused, as per the statements of complainants, failed to pay the monthly profit and when the witnesses demanded their principal amount, there was no denial on the part of the accused, however, the matter was delayed on one pretext or another, whereafter complaints were made to NAB for the recovery of the amount---Allegations in the complaint and the documents placed on record by the complainants, if taken on their face value, did not disclose dishonest intention in the mind of the accused at the inception nor the act of cheating the complainants, having signed the mudaribanama---Ingredients of S.9(a)(ix)(x) of the National Accountability Ordinance, 1999, were not made out---Upon a fair and ordinary construction of the complaint the matter appeared to be of a civil matter rather than a criminal one---Mere violation of agreement/contract did not ipso facto attracted the definition of cheating and criminal breach of trust and would not attract the penal consequences---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances. Head NotesCase Description

AYAZ-UL-HAQ vs State Ss — 2022 MLD 1287 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 MLD