KHURSHEED ANWAR HABIB vs MUHAMMAD AMIN Ss — 2023 YLR 1130 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 1130 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: KHURSHEED ANWAR HABIB vs MUHAMMAD AMIN Ss
Subject matter: Criminal
Provisions referred to: S. 10-A---C; S. 200; Criminal Procedure Code (V of 1898)

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

KHURSHEED ANWAR HABIB VS MUHAMMAD AMIN Ss.406 & 420---Criminal Procedure Code (V of 1898), Ss. 200 & 439---Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984), S.10-A---Criminal breach of trust and cheating---Appreciation of evidence--- Appeal against acquittal---Complainant Bank assailed judgment passed by Trial Court whereby accused was acquitted of the charge--- Validity--- Complaint and statement recorded under S. 200, Cr.P.C. were couched in general terms so as to broadly mention that accused "approached the Bank" but did not disclose details of what transpired on relevant date in terms of identifying who was responsible for custody of documents and/or instrumental in their release---When accused approached complainant Bank for release of documents, he could not have demonstrated such urgency as to prevail upon complainant Bank's functionaries to accede to release of documents without following necessary formalities by way of securing prior payment, as required under the Contract, or at least marking a lien over the account to be debited---Run of the mill customer of complainant Bank could scarcely have had such leverage as to prevail on its functionaries to make an accommodation of that nature, and neither the period of his banking relationship nor statement of account had suggested any special circumstances due to which accused would have been able to command such privilege---Presumption of double innocence had arisen in favour of acquitted accused and interference could be warranted only when decision to that effect was found to be capricious, arbitrary and perverse---High Court declined to interfere in judgment of acquittal passed by Trial Court---Revision was dismissed in circumstances.

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