Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Constitution of Pakistan, 1973

Section: 10-A,199

Law: Qanun-e-Shahadat (10 of 1984)

Section: 59,84

Penal Code (XLV of 1860)--- ---S. 489-F---Qanun-e-Shahadat (X of 1984), Arts.59 & 84--- Constitution of Pakistan, Arts.10-A & 199---Constitutional petition--- Dishonestly issuing a cheque---Expert opinion-Comparison of signatures-Right of fair trial---Petitioner was facing trial on allegation of dishonestly issuing bank cheque which was dis-honoured on presentation-Petitioner denied issuing of any cheque and his application for getting comparison of his signatures on cheque from Hand Writing Expert :vas dismissed by Trial Court as well as lower Appellate Court---Validity---Power of Trial Court to itself compare cheque in dispute with admitted signatures of complainant (petitioner), as envisaged under Art.84 of Qanun-e-Shahadat, 1984, did not debar Trial Court form sending the cheque for comparison to Finger Print Expert---Expert evidence was admissible in evidence under Art.59 of Qanun-e-Shahadat, 1984, and if such evidence was not available, only then Trial Court could itself compare the cheque with admitted signatures of petitioner-Petitioner was entitled to fair trial, in view of Art.10-A of the Constitution-Denial on the part of Trial Court to send cheque it: dispute to Finger Print Expert, was violative of the provisions of Qanun-e-Shahadat, 1984---Trial Court as well as lower Appellate Court failed to exercise their jurisdiction vested in them under law and had illegally dismissed application submitted by petitioner-Petition was allowed in circumstances. Sohbat Ali v. Muhammad Alam PLD 2012 SC (AJ&K) 1 and Muhammad Kabeer ud Din v. Muhammad Munir ud Din 1993 CLC 747 rel. JUDGMENT ARSHAD MAHMOOD TABASSUM, J.---A criminal case vide F.I.R. No.449, dated 11-12-2013, offence under section 489-F, P.P.C., was registered against the petitioner at Police Station Wah Cantt. During trial through an application dated 28-3-2014, the petitioner prayed for sending his admitted signatures and cheque in dispute to the Forensic Science Agency, Lahore for comparison of his signatures, on the ground that he had not issued the cheque in dispute rather the complainant had stolen his cheque book and had forged his signatures on the cheque in dispute. The said…

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