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Sultan Ahmed vs State S — 2025 YLR 2511 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 YLR 2511 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
YLR
Parties
Sultan Ahmed vs State S
Subject matter
Criminal
Provisions referred to
S. 489-F---D; S. 340; 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

Sultan Ahmed VS State S. 489-F---Dishonestly issuing a cheque---Complainant got registered FIR against accused for issuing a cheque dishonestly---Accused was convicted by the Trial Court and lower Appellate Court maintained the conviction and sentence---Validity---As per record, the applicant issued two cheques each for Rs. 7 lacs, dated 12-01-2019, drawn on Meezan Bank, to fulfill a financial obligation and both were dishonored due to insufficient funds---Defence plea of coercion was an afterthought, as the applicant failed to present any credible evidence documentary or oral to support his claim that the cheques were obtained under duress at Police Station in presence of Police Officer---Applicant's failure to examine himself on oath under S.340(2),Cr.P.C., or to produce any independent witness to corroborate his stance further weakened his case---Contradictions in the applicant's statements, particularly his own application to Citizen-Police Liaison Committee, where he admitted issuing postdated cheques and merely requested time to pay, negated his claim of coercion---Delay in lodging the FIR was convincingly explained by the prosecution and the dishonor of cheques was corroborated by Bank Officials and documentary evidence, including return memos and confirmation reports---Trial Court and Appellate Court properly evaluated the evidence and there was no legal infirmity, misreading of evidence, or violation of due process that would justify interference by the High Court---Essential ingredients of S.489-F, P.P.C., i.e. issuance of cheque, dishonesty, fulfillment of an obligation and subsequent dishonor were fully met, warranting conviction---In the present case, the prosecution successfully proved all the essential elements constituting an offence under S.489-F, P.P.C---However, the applicant failed to substantiate his defence, thereby confirming the offence against him---Both the Trial Court and the Appellate Court had correctly evaluated the evidence and applied the relevant law in convicting the applicant---Criminal revision application was dismissed, in circumstances.

Other judgments reported in 2025 YLR

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