| Case ID |
201bce8e-d602-4e45-b1b6-e7ba215db633 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 8564/M of 2022 |
| Decision Date |
May 26, 2022 |
| Hearing Date |
May 26, 2022 |
| Decision |
The Lahore High Court dismissed the petition filed by Ahmad Faran Sabir against the orders of the Judicial Magistrate and the Additional Sessions Judge. The court upheld the validity of the cheque in question, noting that the petitioner did not deny his signature nor the fact that the cheque was drawn on his account. The court emphasized that the presumption of a holder in due course could only be rebutted at trial. The court concluded that the provisions of section 249-A of the Criminal Procedure Code were not applicable in this case, as the charges were not deemed groundless. The petition had no merit and was therefore dismissed. |
| Summary |
In the case of Ahmad Faran Sabir vs. The State, the Lahore High Court addressed the legal implications surrounding the issuance of a cheque under the Negotiable Instruments Act, 1881, specifically section 489-F concerning dishonestly issuing a cheque. The petitioner moved for acquittal under section 249-A of the Criminal Procedure Code, arguing that the charges against him were unfounded. However, the court found that the cheque issued, which read 'Pay cash or bearer', did not meet the necessary legal definitions to be exempt from prosecution under the aforementioned section. The ruling reinforced the importance of the presumption of a holder in due course and clarified the limitations of the Investigating Officer's opinions in determining guilt or innocence. This case is significant for legal practitioners focusing on commercial law and cheque-related offenses, as it elucidates the criteria for establishing dishonesty in cheque transactions. It emphasizes the need for clear documentation and adherence to legal requirements when issuing financial instruments. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Saleem Sheikh
|
| Lawyers |
Ijaz Feroze,
Zia Ullah Khan,
Rana Tasawar Ali Khan,
Abdul Khaliq Safrani,
Muhammad Awaiz Riaz
|
| Petitioners |
AHMAD FARAN SABIR
|
| Respondents |
The STATE,
another
|
| Citations |
2024 SLD 153,
2024 CLD 30
|
| Other Citations |
Muhammad Sultan v. The State 2010 SCMR 806,
North and South Insurance Corporation Limited v. National Provincial Bank Limited, [1936] 1 K.B. 328,
Cole v. Milsome, [1951] All ER 311,
Orbit Mining and Trading Co. Ltd. v. Westminster Bank Ltd., [1963] 1 QB 794,
Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276,
Muhammad Bashir v. Station House Officer Okara Cantt. and others PLD 2007 SC 539
|
| Laws Involved |
Negotiable Instruments Act, 1881,
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
5,
118,
24,
249-A,
561-A,
489-F
|