Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Limitation Act, 1908

Section: 5

Law: Criminal Procedure Code (V of 1898)

Section: 417(2A)

Penal Code (XLV of 1860)--- ----S. 489-F---Criminal Procedure Code (V of 1898), S.417(2-A)---Limitation Act (IX of 1908), S.5---Dishonestly issuing a cheque---Appeal against acquittal---Limitation---Delay, condonation of---Applicability of S.5, Limitation At, 1908---Appeal against acquittal was filed with a delay of three days---Delay in filing of appeal against the acquittal, would be condoned in those cases where appellant was prevented by an act of accused to file appeal in time or was actually kept out of knowledge of the appeal---Reasons stated by appellant/petitioner in support of application for condonation of delay, were vague; and appellant had failed to make out case for condonation of delay in filing appeal---Provisions of S.5 of Limitation Act, 1908 were not applicable to appeal against acquittal. Fakhar-ud-Din v. Fazal Karim and others 1999 SCMR 795; Aziz-ur-Rehman Hamid v. Crescent Commercial Bank 2008 SCMR 54; Messrs Pehlwan Marble Factory through Muhammad Asif v. The State and another 2011 PCr.LJ 200; Abdul Ghaffar v. Muhammad Asif and another 2011 PCr.LJ 441; Muhammad Sharif and others v. The State and others 2005 MLD 1333; Toshan v. Muhammad Saleh and 2 others 2008 MLD 187 and Sikandar v. Abdul Wahab and another 1998 PCr.LJ 1950 ref. ORDER JAMES JOSEPH, J.---Through this Criminal Miscellaneous learned counsel for the petitioner has sought the condonation of delay in filing of the appeal under section 417(2), Cr.P.C. against the judgment dated 12-3-2014 passed by learned Magistrate Ist Class, Karor Lal Isan District Layyah in case FIR No. 287/2011 dated 8-6-2011 registered under sec-tion 489-F, P.P.C. registered at Police Station Fatehpur District Layyah. 2. It is contended that precious rights of the appellant are at stake as respondents wilfully cheated the appellant and deprived him of a huge amount. 3. I have heard the learned counsel for the petitioner and have gone through the record. 4. The case was decided by the learned trial court on 12-3-2014 whereas the petitioner preferred the appeal on 15-4-2014 with a delay of three days. It is settled law that the delay in filing of the appeal against the acquittal is condoned only in those…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492