Citation Name: 2023 YLR 1045 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD IMRAN YOUNIS vs MUHAMMAD JAMI

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Citation Name: 2023 YLR 1045 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD IMRAN YOUNIS VS MUHAMMAD JAMIL CHAUDHARY Ss. 464 & 465---Making a false document--- Forgery--- Scope--- Person bringing into existence a document, bearing a certain date, but brought into existence on a later date, by antedating it, or having forged signatures or thumb impressions of the executants of the documents or having different contents from the admitted document is guilty of the offence of forgery under S. 465, P.P.C. Citation Name: 2023 YLR 1045 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD IMRAN YOUNIS VS MUHAMMAD JAMIL CHAUDHARY S. 471---Using as genuine a forged document---Scope---Essential ingredients of S. 471, P.P.C. are fraudulent or dishonest use of a document as genuine and knowledge or reasonable belief on the part of the person using the document that same is a forged one. Citation Name: 2023 YLR 1045 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD IMRAN YOUNIS VS MUHAMMAD JAMIL CHAUDHARY S. 476---Penal Code (XLV of 1860), S. 471---Procedure in cases mentioned in Section 195---Using as genuine a forged document--- Scope--- Petitioner filed application under S. 476, Cr.P.C., against the respondents---Respondents, in their pre-arrest bail application, had took the plea that they had paid off entire amount to the petitioner in the presence of arbitrator and had placed on record the compromise deed, which was signed by the arbitrator---Arbitrator appeared before the court and stated that he had not signed the compromise deed---Validity---Name of the person who had thumb-marked and signed the compromise deed was not mentioned therein nor his CNIC (Computerized National Identity Card) was mentioned---Name of the arbitrator was not known nor was it mentioned in the order sheet---Nothing was available on record to show that the arbitrator was present before the court, therefore, there was nothing to show that he had knowledge of the fact that it was not a genuine document---Offence under S. 471, P.P.C., was not made out and there was no reasonable chance of respondents' conviction---Application was dismissed. Citation Name: 2023 YLR 1045 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD IMRAN YOUNIS VS MUHAMMAD JAMIL CHAUDHARY S. 471---Using as genuine a forged document---Scope---Section 471, P.P.C., applies not only in cases where the document has been given in evidence, but also in cases where it has been produced---Ambit of the word 'produced' is very wide, and includes documents filed or presented, but either rejected or not taken into account by the court. Citation Name: 2023 YLR 1045 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD IMRAN YOUNIS VS MUHAMMAD JAMIL CHAUDHARY S. 476--- Procedure in cases mentioned in S. 195---Scope---Court, before setting the criminal law in motion, should exercise great care and caution and it must be satisfied that there is reasonable foundation for the charge in respect of which the prosecution is directed, and, no prosecution ought to be directed unless there is a reasonable probability of conviction---Words, "appears to have been committed", in S. 476, Cr.P.C., also show that the intention of the Legislature is that there must be sufficient material before the Court to show that an offence is likely to have been committed---Where there is no legal evidence which goes to show that there is reason to believe that an offence has been committed and where it is obvious that the prosecution is bound to end in a failure, a complaint ought not to be preferred.

Citation Name: 2023 YLR 1045 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD IMRAN YOUNIS vs MUHAMMAD JAMIL CHAUDHARY Ss — 2023 YLR 1045 LAHORE-HIGH-COURT-LAHORE

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