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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; S. 118; 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---Appreciation of evidence---Discharge of a financial obligation---Criminal matter---Presumption of consideration, applicability of---Record revealed that the presumption of consideration under S.118 of the Negotiable Instruments Act, 1881( ' the Act 1881') was wrongly relied to presume the existence of the key ingredient of an underlying financial obligation---The presumption of consideration under the Act 1881 is for civil disputes, which does not apply to criminal matters and does not dispense the prosecution's duty to establish the underlying financial obligation beyond reasonable doubt---For the purposes of the civil courts, the Act 1881 lays down that the presumption is that a promissory note has been passed for consideration and said rule of law would not necessarily apply to a criminal trial in which every element which goes to constitute a particular offence has to be proved by the prosecution---In the present case , it was necessary for the prosecution to prove that the promissory notes were for consideration and it was not for the accused to prove the contrary. Your Search returned total 35531 records from 8600 - 8650

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