Col. (R) MUKARRAM ALI SHAH vs State Ss — 2025 PLD 63 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PLD 63 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PLD
Parties: Col. (R) MUKARRAM ALI SHAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 489-F---N; S. 249-; S. 489-F; S. 6; S. 84; Penal Code (XLV of 1860)

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

Col. (R) MUKARRAM ALI SHAH VS State Ss. 249-a & 561-a---Penal Code (XLV of 1860), S. 489-F---Negotiable Instruments act (XXVI of 1881), Ss. 6 & 84(1)---Stale (out of date) cheque---Presentation of the cheque for encashment---Reasonable time---Scope---Petitioner moved an application under S. 249-a, Cr.P.C., before the Trial Court for his acquittal claiming that the charge against him was groundless and there was no probability of him being convicted of any offence---Said application was dismissed---Validity---Contents of the FIR indicated that the cheque was issued as guarantee; however, the specific transaction for which it was issued was not explicitly identified within the FIR---Plain reading of the S. 489-F, P.P.C., made it abundantly clear that it did not apply to every instance of cheque dishonoured---Cheque in question was issued on 15-03-2018, and the same was presented in the bank on 14-09-2021, after a lapse of three years---Cheque in question was not dishonoured for insufficient funds or any other reason, but it was returned as a stale or outdated cheque---admittedly, a cheque is a negotiable Instrument as per S. 6 of the Negotiable Instruments act, 1881---according to S. 84(1) of the Negotiable Instruments act, 1881, it is stipulated that a cheque must be presented for encashment within a reasonable timeframe---In general terms, a cheque presented for payment beyond six months from its apparent date of issuance is classified as stale---In such facts and circumstances of the case, the present application for acquittal was allowed.

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