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SHAH ZAMAN ASHRAF vs State S — 2022 YLRN 207 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 207 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
SHAH ZAMAN ASHRAF vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 489-F---D; Penal Code (XLV of 1860)

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

SHAH ZAMAN ASHRAF VS State S.498---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Pre-arrest bail, grant of---Accused, disputing the issuance of cheque--- Delayed FIR--- Completion of investigation--- Scope--- Allegation against accused was that he issued a cheque and when the cheque was presented for its encashment before the concerned Bank, the same was bounced / dishonored--- Contention of accused was that there was no business transaction in between the parties and that he had not issued any cheque but the alleged cheque was misplaced and the same was misused by the complainant---Trial court had yet to determine whether the accused had issued the alleged cheque to the complainant in a good faith or otherwise---Case had already been challaned and the accused was no more required for investigation---FIR was lodged after a delay of 20 days, which was not plausibly explained by the complainant, therefore, possibility of false implication of the accused could not be ruled out---Accused was admitted to pre-arrest bail, in circumstances.

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