Law: Pakistan Penal Code, 1860

Section: 489F

Law: Criminal Procedure Code (V of 1898)

Section: 417(2A)

(a) Penal Code (XLV of 1860)--- ----S. 489-F---Criminal Procedure Code (V of 1898), S.417(2-A)---Dishonestly issuing a cheque---Appeal against acquittal---Dishonouring of a cheque, which should be towards fulfilment of an obligation, or repayment of loan was an essential ingredient for bringing the case within the ambit of S.489-F, P.P.C.---Complainant, had failed to bring forward any proof which would substantiate that cheque in question was for the fulfilment of any obligation and had completely denied any sort of record regarding the alleged transaction---Complainant was running the business of grains, but he was not keeping any record to establish the transaction---Mere possession/issuance of a cheque was insufficient for convicting accused, but said cheque was to be backed by certain obligation or a loan, which was missing in the present case---Cheque in question, having repeatedly been denied by accused by stating that they had no business transaction with the complainant, heavy burden lay upon the complainant to discharge the onus of proof completely, which he had failed to do---Nothing was wrong with the impugned , as the same was in consonance with law and facts---Appeal was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.417(2-A)---Appeal against acquittal---Scope---Parameters and scope of interference in an appeal against acquittal and appeal against conviction, were quite different---In the case of appeal against acquittal, the interference by a court was unwarranted until and unless the acquittal was, arbitrary, capricious and against record---Appraisal of evidence in an appeal against conviction, was done in a very strict manner, but in an appeal against acquittal, same rigid method was not to be applied; and interference could only be made, where there was gross misreading of evidence amounting to miscarriage of justice. ORDER SHAHAB SARKI, J.---The appellant Shahid Hussain son of Dhani Dino has filed this appeal against acquittal, being dissatisfied and aggrieved with the impugned judgment dated 9-6-2014 passed by Ist Judicial Magistrate, Moro in Criminal Case No 213 of 2012 Re-State v. Janhwar Lal and others,…

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