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Muhammad Atif vs State S — 2025 PCrLJ 1762 ISLAMABAD

Case information

Citation
2025 PCrLJ 1762 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
PCRLJ
Parties
Muhammad Atif vs State S
Subject matter
Criminal
Provisions referred to
S. 498-F---D; S. 489-F

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

Muhammad Atif VS State S. 498-F---Dishonestly issuing a cheque---Appreciation of evidence---Discharge of a financial obligation---Actus reus---Scope---There was no evidence of payment through bank to the petitioner, with no sight of the tax default notice, with the complainant admitting, while appearing himself in witness-box, that he had no direct dealings with the petitioner and with no appointment letter of the petitioner; it was a gross miscarriage of justice for the Courts below to conclude that the financial obligation underlying the cheques was established beyond reasonable doubt solely because the complainant had so deposed in his examination-in-chief---The prosecution case has to stand on its own strength, and not on an inferential basis that the underlying element of actus reus of the offence ( i.e. existence of a financial obligation) which had to be proved independently by the prosecution, but which was not proven to the standard of beyond reasonable doubt---Mere issuance of a cheque which stood dishonoured on presentation does not per se constitute the offence under S.489-F, P.P.C., unless some evidence of the underlying financial transaction accompanies it---There was patent misreading of the evidence in the trial by both the Courts below and also that the conclusion of law of the financial obligation premised on the presumption of consideration was incorrect, leading to a grave miscarriage of justice, with the petitioner ending up serving a sentence that could not be awarded to him---High Court set-aside the petitioner's conviction and the appellant was acquitted of the charge for which he was convicted---Appeal was allowed accordingly.

Other judgments reported in 2025 PCRLJ

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