ALI SHER vs State S — 2022 YLRN 138 KARACHI-HIGH-COURT-SINDH

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

ALI SHER VS State S. 489-F---Dishonestly issuing a cheque---Appreciation of evidence---Benefit of doubt---Delay of about eight months in lodging the FIR---Effect---Allegation against the accused was that he issued cheque amounting to Rs.1,23,000/- to the complainant, which on presentation was returned to the complainant dishonoured--- Record showed that the cheque was allegedly issued on 03.10.2006, however, the FIR was lodged by complainant after an inordinate delay of about more than 08 months---Prosecution had failed to explain the plausible reason for such delay in lodging of FIR, however, it was submitted that after dishonoured/ bounced of the cheque the accused kept the complainant on false hopes---Such reason was not plausible for the reason that no documentary evidence was available on record to prove that fact---Mere asserting that the accused had kept the complainant party on false hopes for returning his amount was not enough, therefore, on that ground false implication of the accused in the case with due deliberation and consultation could not be ruled out---Appeal against conviction was allowed, in circumstances.

ALI SHER vs State S — 2022 YLRN 138 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported