| Case ID |
05d092ea-8c53-4d28-a627-2a8331d5091b |
| Body |
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| Case Number |
Criminal Appeal No. 1136 of 2011 |
| Decision Date |
Jun 10, 2021 |
| Hearing Date |
Jun 30, 2021 |
| Decision |
The appeal was allowed, and the case was remanded back to the learned Additional Sessions Judge, Kasur, for further proceedings. The learned Appellate Court was directed to allow the parties to adduce additional evidence and to decide the appeal afresh. The judgment dated 16.06.2011 passed by the learned Additional Sessions Judge was set aside due to the failure to provide the complainant a fair hearing and the right to present evidence. The court emphasized the principles of natural justice, highlighting that no adverse order could be made without giving notice to the affected party. |
| Summary |
In the case of Criminal Appeal No. 1136 of 2011, the Lahore High Court addressed critical issues regarding the natural justice principles in the context of dishonestly issuing a cheque, as per the Penal Code Section 489-F. The appeal arose after the Additional Sessions Judge acquitted the accused due to the non-production of the original cheque. The court highlighted procedural deficiencies, emphasizing that the complainant was not given a chance to be heard in the appellate proceedings. This case underscores the importance of fair trial rights and the necessity of adhering to legal protocols in criminal proceedings. It serves as a precedent for ensuring that parties involved in legal disputes are afforded the opportunity to present their evidence, thereby reinforcing the integrity of the judicial process. The decision emphasizes the need for courts to direct parties to submit relevant documentation and evidence to uphold justice. This case is particularly relevant in discussions surrounding the enforcement of legal rights in financial disputes, the role of evidence in judicial determinations, and the balance between procedural technicalities and substantive justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AMJAD RAFIQ, JUSTICE
|
| Lawyers |
Fawad Ahmad Sufi,
Ms. Noshi Malik, Deputy Prosecutor General for the State,
Aitabar Ahmad Khan
|
| Petitioners |
Haji Bashir Ahmad
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2021 SLD 2572,
2021 PCRLJ 1545
|
| Other Citations |
Not available
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Penal Code (XLV of 1860),
Civil Procedure Code (V of 1908),
Criminal Procedure Code (V of 1898)
|
| Sections |
76,
158,
161,
489-F,
10,
94
|