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ABDUL AZIZ vs State S — 2022 YLRN 151 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 151 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ABDUL AZIZ vs State S
Subject matter
Family
Provisions referred to
S. 489-F---D; S. 118; S. 4; Negotiable Instruments Act; Books Evidence Act

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

ABDUL AZIZ VS State S. 489-F---Dishonestly issuing a cheque---Appreciation of evidence---Accused/applicants had issued cheques of different amounts to be drawn from two different banks amounting to Rs.45,00,000/-which were payable to the complainant under some settlement regarding undelivered apartment booked by the complainant in some project purported to be built by the applicants---Cheques were deposited in the Bank account of the complainant but the same were bounced---Record showed that the conduct of the applicants/convicts in giving the cheques by affixing their signatures was an undeniable fact---Presumption under S.118 of the Negotiable Instruments Act, 1881, would come into force when the cheques had been issued by the applicants/convicts and the same were dishonoured---Of course, such presumption was a rebuttable presumption, and the same could be dislodged by the applicants/ convicts even by the preponderance of probabilities and not by proof beyond a reasonable doubt during trial--- Record established that the applicants/ convicts could not rebut such presumption through the preponderance of probabilities rather there was admission as well as proof of insufficient funds and stopped payment---On the other hand, the prosecution had established its case beyond a reasonable doubt---In the present case, three Bank Managers had been cited by the prosecution as witnesses---Said witnesses just appeared and verified the memos, dishonoured negotiable instruments and statement of accounts etc.---According to the provision of S.4 of the Bankers' Books Evidence Act, 1891, those documents could be proved simply by certified copies as well as a separate certificate to verify the facts of maintenance of account by an individual, if necessary---Petition was dismissed, in circumstances.

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