MUHAMMAD FAREEDON REHMAN vs State — 2026 SCMR 987 SUPREME-COURT

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MUHAMMAD FAREEDON REHMAN VS State. S. 489-F---Qanun-e-Shahadat (10 of 1984), Arts. 59 & 84---Dishonestly issuing a cheque---Reappraisal of evidence---Acquittal order, interference in---Grounds---Complainant paid an amount of Rs. 4,400,000/- to the petitioner for the supply of 200 cartons of cigarettes---Upon the failure of petitioner to deliver the stipulated goods and after providing successive but hollow assurances, he purportedly issued a cheque of Rs. 4,400,000/- intended to discharge his subsisting financial liability; however, the said cheque was subsequently dishonored upon presentation for encashment, thereby leading to the registration of FIR. Petitioner was acquitted by the Trial Court vide judgment dated 21.03.2023. Feeling aggrieved from the judgment of Trial Court, respondent No.2/complainant preferred appeal before the High Court which was allowed vide judgment dated 21.03.2025 whereby the matter was remanded to the Trial Court with directions to record statements of three witnesses as Court Witnesses, to obtain expert opinion regarding signatures and to decide the matter afresh. Held: Scope of interference in an appeal against acquittal was narrow, predicated on the double presumption of innocence. Such acquittal could not be lightly interfered with unless the judgment was perverse, arbitrary or suffered from shocking misreading of evidence. High Court finding regarding signatures and thumb impression was result of misreading of record. Trial Court had already considered the issue and exercised powers under Article 84 of Qanun-e-Shahadat. Article 84 empowered the Court to compare disputed signatures with admitted signatures. The prosecution failed to explain why additional witnesses were not produced during trial despite availability. Petition was converted into appeal and allowed. Judgment of High Court was set aside and judgment of Trial Court was restored.

MUHAMMAD FAREEDON REHMAN vs State — 2026 SCMR 987 SUPREME-COURT

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