Law: Criminal Procedure Code (V of 1898)

Section: 408

Law: Penal Code (XLV of 1860)

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----S. 408---Penal Code (XLV of 1860), S.489-F---Dishonoring of Bank cheque---Appeal, restoration of---Accused was convicted by Trial Court for issuing a cheque which was dishonored on presentation and he was sentenced to simple imprisonment for three years---Appeal filed by accused was dismissed by Lower Appellate Court for non-prosecution---Validity---Nothing was available on record to suggest that due to absence of accused, his bail bonds were cancelled and to ensure his attendance any process was issued---Appeal was suddenly dismissed due to non-prosecution and perpetual warrants of arrest were issued against accused---Such order passed by Lower Appellate Court was neither justified nor valid---Lower Appellate Court could not dismiss appeal against conviction due to non-prosecution---Alleged conduct of accused had disentitled him a right of audience before Court but the Court was to decide the matter on merits while perusing available record---High Court directed the accused to surrender before Lower Appellate Court and seek resurrection of his appeal---High Court directed Lower Appellate Court to decide the appeal on merits---Revision was dismissed accordingly. Zahid Hussain v. The State and others 2011 PCr.LJ 344; Muhammad Bakhsh v. The State 1986 SCMR 59; Muhammad Ashiq Faqir v. The State PLD 1970 SC 177 and Ikramullah and others v. The State 2015 SCMR 1002 rel. JUDGMENT MUHAMMAD TARIQ ABBASI, J.--- This revision petition, calls in question, order dated 28.11.2019 of the learned Additional Sessions Judge Sahiwal, whereby an appeal under section 408, Cr.P.C., filed by the petitioner, has been dismissed due to non-prosecution, with a direction for issuance of perpetual non-bailable warrant of arrest, against him. 2. The brief facts are that in case FIR No.158 of 2012, registered under section 489-F, P.P.C., at Police Station Farid Town, District Sahiwal, the petitioner was challaned to the Court, where all the required proceedings were competed: and finally through judgment dated 14.12.2017 of the learned Judicial Magistrate, Sahiwal, he was, convicted uhter section 489-F, P.P.C. and sentenced to Simple Imprisonment…

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