| Case ID |
0290bc34-cdd7-41d3-a74b-e1fb06c249f5 |
| Body |
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| Case Number |
Criminal Revision Application No. 173 of 2018 |
| Decision Date |
Jul 19, 2019 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the criminal revision application, acquitting the accused of the charge under section 489-F of the Penal Code. The court found that the prosecution had failed to establish that the cheque was issued for a loan or future obligation, as required by law. The evidence indicated that the cheque was delivered under duress and was part of a compromise agreement executed while the accused was already in custody for another case. The court emphasized the need for sufficient evidence to support the prosecution's claims, leading to the conclusion that reasonable doubt existed regarding the guilt of the accused. |
| Summary |
In the case of Criminal Revision Application No. 173 of 2018, the Sindh High Court addressed critical issues surrounding the interpretation of section 489-F of the Penal Code, which pertains to the dishonestly issuing of cheques. The case arose from a conflict between the applicant, who was accused of issuing a dishonored cheque, and the complainant, who claimed to have lent a significant amount of money for business purposes. The applicant's defense centered on the argument that the cheque was issued under duress and that substantial payments had been made previously, creating doubt about the legitimacy of the accusations. The court's decision highlighted the importance of establishing a clear link between the issuance of a cheque and the obligations it purportedly represented, reaffirming that without concrete evidence of a loan or obligation, charges under section 489-F cannot stand. This ruling underscores the necessity for courts to carefully scrutinize the evidence presented in cases involving financial disputes and cheque dishonor, thus providing a crucial precedent for similar future cases. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
FAHIM AHMED SIDDIQUI, JUSTICE,
MIAN KARIM JAN
|
| Lawyers |
Noor Muhammad for Applicant,
Syed Meeral Shah Bukhari, Additional P.G. for the State/ Respondent No. 4
|
| Petitioners |
|
| Respondents |
ADDITIONAL SESSIONS JUDGEIX, WEST KARACHI AND 3 OTHERS
|
| Citations |
2020 SLD 2081,
2020 1657
|
| Other Citations |
Not available
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| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
489-F
|