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Syed NASEEM AHMED vs SHUJA-UR-REHMAN S — 2023 MLD 1114 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 MLD 1114 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
MLD
Parties
Syed NASEEM AHMED vs SHUJA-UR-REHMAN S
Subject matter
Criminal
Provisions referred to
S. 489-F---

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

Syed NASEEM AHMED VS SHUJA-UR-REHMAN S. 489-F--- Dishonestly issuing a cheque---Appeal against acquittal---Appreciation of evidence---Benefit of doubt---Allegation against the accused was that he issued cheque to the complainant which was dishonoured due to insufficient funds---Admittedly, the date mentioned on the cheque was 20.11.2019, which was dishonoured in the early bank hours whereas at the end of bank hours on the same date i.e. 20.11.2019 the funds were available in the account of payee hence no question of dishonesty arose---Had there been any dishonesty, the respondent would not have arranged the amount in his account on the same date---Furthermore, when it had come to the knowledge of the complainant that the amount was made available on the evening of 20.11.2019, he instead of dragging accused/respondent in litigation should have presented the cheque for clearance which he avoided and chose to lodge the FIR and dragged the respondent in litigation---Respondent/accused made available the funds on the very date for which cheque was issued and dishonoured, hence bona fide of the accused/respondent could not be questioned in the circumstances---Prosecution had failed to establish a case to interfere with the impugned judgment---Appeal against acquittal was dismissed accordingly.

Other judgments reported in 2023 MLD

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