JUNAID AHMED vs State Civil and criminal proceedings — 2023 MLD 17 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

Case information

Citation: 2023 MLD 17 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT
Year: 2023
Reporter: MLD
Parties: JUNAID AHMED vs State Civil and criminal proceedings
Subject matter: Criminal
Provisions referred to: S. 516-

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

JUNAID AHMED VS State Civil and criminal proceedings--- Scope--- Civil and criminal liabilities are two different components and do not have bearing on the outcome of each other, as such due to commission of criminal act by a person, he cannot be denied civil right provided to him under the law. Head NotesCase Description Citation Name: 2023 MLD 17 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURTBookmark this Case JUNAID AHMED VS State S. 516-a---Order for custody and disposal of property pending trial---Scope---accused supplied laboratories (Lab.) items to District Health Office---Upon receipt of lab material, bills thereof were prepared, submitted to aGPR (accountant General Pakistan Revenues) and a cheque was issued in favour of accused---accused presented before the bank two cheques i.e. an original cheque and a manipulated cheque, as such an FIR was lodged and the cheques were impounded by police authorities as case property---accused sought superdari of original cheque but the application was dismissed throughout---Held; due payment of admitted civil liability could not be denied, as such, the disputed cheque could have been issued to the accused for encashment by retaining a photocopy thereof with police record while original cheque could have been requisitioned from the retainer thereof i.e. aGPR or the concerned bank whosoever, for the purpose of investigation by police authorities---admitted civil liability could not have been denied just on the basis of registration of criminal case against the accused---Civil petition for leave to appeal was converted into an appeal and the same was allowed. Head NotesCase Description

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