MIr Ahmed Khan vs State S — 2025 PCrLJ 1102 QUETTA-HIGH-COURT-BALOCHISTAN

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MIr Ahmed Khan VS State S. 489-F---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Dishonestly issuing a cheque---Appreciation of evidence---Withholding material witness---Effect---Accused was charged for issuing a cheque in favour of complainant, which was dishonoured when presented before the concerned bank---Complainant stated in his statement that the accused had been his friend for the last fifteen years and he purchased a house from him and an outstanding amount of Rs.58,00,000/- was due against the accused which he had to pay to him---In that regard, the accused dishonestly issued a cheque to the complainant which was dishonored on presentation due to the fact that the account was dormant---During cross-examination, complainant admitted that the house in question was mortgaged by one Mr. "S" with the National Bank of Pakistan meaning thereby that factually the house belonged to that Mr. "S"---In view of such fact, the question arose that in what capacity the complainant sold out the house which was in the name of Mr. "S"---Moreso the prosecution neither cited said Mr. "S" as a witness in the challan nor produced him before the Court---In order to establish the version put forth by the complainant, the presence of such important witness would have further strengthened the prosecution's version---Non-production of such an important witness as provided under Art.129 (g) of Qanun-e-Shahadat, 1984, would cast adverse inference, which raised the irresistible conclusion that if the said witness had been produced he would not have supported the prosecution version---Complainant neither produced any receipt of the alleged transaction effected between him and the accused in respect of the house in question nor any mutation entries, which were in the name of the complainant, were produced before the Trial Court---Appeal against conviction was allowed, in circumstances.

MIr Ahmed Khan vs State S — 2025 PCrLJ 1102 QUETTA-HIGH-COURT-BALOCHISTAN

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