Shaikh SHAHID UMAR vs State S — 2023 PCrLJ 795 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 795 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: Shaikh SHAHID UMAR vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 409; S. 405; S. 415; Penal Code (XLV of 1860); National Accountability Ordinance

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

Shaikh SHAHID UMAR VS State S. 9(a)(ix)(x)(xi)---Penal Code (XLV of 1860), Ss. 405, 409 & 415---Criminal breach of trust and cheating---Appreciation of evidence---Civil dispute--- Determination--- Contractual liabilities--- Forum---Accused assailed his conviction and sentence on the plea that dispute was of civil nature pertaining to non-fulfilment of contractual obligations---Validity---Sufficient evidence or material was not available on record so as to establish that offence of criminal breach of trust as contemplated in S. 409, P.P.C. was committed by accused---When primary offence of criminal breach of trust under S. 405, P.P.C. was not made out, charge for the offences under S. 9(a)(x) & (xi) of National Accountability Ordinance, 1999, could not sustain---Prosecution alleged that offence committed by accused was act of cheating, as defined in S. 415, P.P.C. and in such case provisions of S. 9(a)(x) or (xi) of National Accountability Ordinance, 1999 could not be attracted---Cheating and criminal breach of trust were two distinct offences and both could not allege simultaneously---Commitment could not be honoured by accused due to increase in prices of basic raw materials, then in such circumstances there was no dishonest intention on the part of accused, so as to treat his act as criminal---Such was a civil dispute based upon alleged breach of agreement for which remedies were somewhere else other than in criminal Courts---High Court set aside conviction and sentence awarded to the accused as Trial Court failed to appreciate evidence which was not convincing and accused was acquitted of the charge---Appeal was allowed, in circumstances.

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