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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---Registration of multiple FIRs---Scope and effect---Registration of three FIRs in different police stations under S.489-F is contrary to the law---The underlying transaction was the same: the three cheques were issued for payment of the same amount in instalments, which, in any event, per the petitioner's case, were issued under coercion in the police station---Registration of the other two FIRs was plainly contrary to the settled law---The proper legal route would have been to add the offence of S.489-F in the original FIR, as the antecedent question of the financial obligation allegedly owed by the petitioner to the complainant was pivotal to bring home the charges under the original FIR , and the Courts below committed a grave error by deciding the S.489-F FIR without waiting for the original FIR 594/21 to be decided first ---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 he was acquitted of the charge for which he was convicted---Appeal was allowed accordingly.

Other judgments reported in 2025 PCRLJ

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