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---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 not dishonoured but it was returned due to stop payment---Said fact was also admitted by the Bank Manger and Investigating Officer in their respective evidence available on record---Alleged incident took place on 03.10.2006 whereas complainant in his examination-in-chief stated that in month of March 2007, he demanded his money back from accused---Examination-in-chief of complainant appeared to be contradictory to the facts as stated by him in FIR---Nothing was on record that before whom the alleged cheque was given to complainant, therefore, claim of the accused that his cheque book was misplaced/dropped prior to the FIR and that fact was evident from N.C, which had been lodged by the accused before the concerned police station, appeared to be plausible---Complainant had lodged the FIR on the basis of alleged cheque, but he had not brought forward any proof, which would substantiate that the said cheque was issued for fulfilment of any obligation or repayment of loan---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable shadow of doubt---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