Case Details

Citation(s)
2016 SLG 2509 2016 SLD 2509 2016 PCRLJ 1846
Sindh High Court
Criminal Acquittal Appeal Nos.86 and 186 of 2013, decision dated: 25-01-2016, hearing DATE : 25-01-2016.
SYED MUHAMMAD FAROOQ SHAH, JUSTICE

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ADAMJI.

VS

MUHAMMAD FAROOQ AND another.

Law:

Section:

(a) Penal Code (XLV of 1860)---.--- ---.---Ss. 420 & 489-F---.---Criminal Procedure Code (V of 1898), S. 417---.---Cheating and dishonoring of cheque---.---Appeal against acquittal---.---Appreciation of evidence---.---Parties had business relations and accused issued cheques as security---.---Trial Court acquitted the accused of the charge---.---Validity---.---Order/ of acquittal gave rise to strong presumption of innocence rather double presumption of innocence was attached to such an order---.--W.hile examining the facts in order of acquittal, substantial weight should be given to the findings of Lower Courts, whereby accused was exonerated from the commission of crime---.---No improbability or infirmity existed in the of acquittal recorded by Trial Court as the same was based on sound and cogent reasons which did not warrant any interference by High Court---.---High Court maintained the of acquittal passed by Trial Court---.--- Appeal was dismissed in circumstances. Muhammad Ijaz Ahmad v. Fahim Afzal 1998 SCMR 1281 and Jehangir v. Aminullah and others 2010 SCMR 491 rel. (b) Criminal Procedure Code (V of 1898)---.--- ---.---S. 417---.---Appeal against acquittal---.--W.hile examining the facts in order of acquittal, substantial weight should be given to the findings of Lower Courts, whereby accused was exonerated from the commission of crime. Muhammad Ijaz Ahmad v. Fahim Afzal 1998 SCMR 1281 and Jehangir v. Aminullah and others 2010 SCMR 491 rel. THIS ORDER PASSED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:---.------ Appellant Adamji, supplied some chipboard to respondent No.1/accused against which accused issued five cheques those were returned dishonoured as bank account of accused was found closed. The case of appellant is that fifteen other cheques were also bounced and separate FIRs bearing Nos.74/2011 and 393/2010 with Police Station Sharifabad under sections 489-F and 420 were lodged. The trial court vide impugned judgment dated 23.5.2013 and 02.3.2013 acquitted the accused. Being aggrieved and dissatisfied with the impugned judgments, the appellant has preferred the captioned appeals and prayed to set aside the impugned judgments. 2. Arguments heard.…
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