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Saad Muhammad Abbasi vs Syed Ejaz Ali O — 2024 CLD 1099 ISLAMABAD

Case information

Citation
2024 CLD 1099 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLD
Parties
Saad Muhammad Abbasi vs Syed Ejaz Ali O
Subject matter
Criminal

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

Saad Muhammad Abbasi VS Syed Ejaz Ali O. XXXVII, Rr. 1 & 2---Constitution of Pakistan, Art. 10-A---Suit for recovery on the basis of cheque---Ex-parte judgment---Fair trial---Scope---After inability of the defendant to submit surety-bond, Trial Court passed ex-parte decree against the defendant / appellant---Validity---In the FIR registered by the respondent/plaintiff against the appellant/defendant on account of dishononing of the subject-cheque, the appellant/defendant was acquitted after a full length trial---There was nothing on record to show that the respondent/ plaintiff assailed the said judgment of acquittal---Such facts warranted due appreciation and judicial scrutiny for just decision of the case under the principle of fair trial envisaged in Art. 10-A of the Constitution---Said aspects had to be seen in conjunction with the mischief attributed to the appellant/defendant whereby he was held guilty of non-submission of surety bond, and was permanently precluded to contest the suit---Appellant /defendant should be afforded an opportunity to contest the suit---High Court set-aside the impugned ex-parte judgment and decree, and remanded the case to the Trial Court for decision on merits and directed that the application for leave to appear and defend the suit filed by the appellant/defendant would be deemed to have been allowed on the basis of surety bond tendered before the High/Appellate Court---Appeal, filed by the defendant, was allowed accordingly .

Other judgments reported in 2024 CLD

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