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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
Provisions referred to
S. 498-F---N; S. 118---D; F---Negotiable Instruments Act ( XXVI of 1881); Negotiable Instruments Act

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---Negotiable Instruments Act ( XXVI of 1881), S. 118---Dishonestly issuing a cheque---Presumption of consideration---Section.489-F did not exist when the Negotiable Instruments Act, 1881, was passed; if it did, undoubtedly , the framers of the Act would have added that the presumption did not apply in criminal trials for the reason that the operation of such a presumption would obviate the need for the prosecution to prove the ingredients of the offence by independent evidence, with the unsalutary consequence that the burden of proof for both civil trials and criminal trials in cases of dishonour of cheques would become one of a balance of probabilities only, and the prosecution would then rest by simply producing a dishonoured cheque for the guilt of the accused to follow as a necessary consequence of the presumption of consideration---That would run counter to the very foundations of criminal jurisprudence.

Other judgments reported in 2025 PCRLJ

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