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

Section: 76,158,161

Law: Penal Code (XLV of 1860)

Section: 489-F

Law: Civil Procedure Code (V of 1908)

Section: 10

Law: Criminal Procedure Code (V of 1898)

Section: 94

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 76---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Appeal on what matters admissible---Secondary evidence---Impleading of complainant in appeal---Scope assailed order passed by appellate court whereby accused was acquitted of the charge framed under S. 489-F, P.P.C., inter alia, on the ground that original cheque was not brought on record---Accused had not impleaded the complainant as respondent in his appeal---Appellate court was under obligation to direct the accused to implead the complainant as party and then issue notice to him---Hearing the other side was based upon the principle of natural justice which was embodied and inherent in every statute sans express provisions---No adverse order could be made detrimental to the party without giving him a notice---Appellate court while deciding the appeal was under obligation to direct the complainant to produce original cheque and must have allowed him to bring on the record the original cheque and to prove the circumstances for non-production thereof as per the provisions of Qanun-e-Shahadat, 1984, but such opportunity was not provided---Appeal was allowed, case was remanded to the appellate court and it was directed to allow the parties to adduce additional evidence. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 76, 158 161---Civil Procedure Code (V of 1908), O. XIII, R. 10---Criminal Procedure Code (V of 1898), S. 94---Summons to produce document or other thing---Court may send for papers from its own records or from other Courts---Cases in which secondary evidence relating to documents may be given---Production of documents---Judges power to put questions or order production---Scope---Trial Court is empowered to call for any document for the purpose of trial under S. 94 of Cr.P.C. read with Arts. 158 161 of Qanun-e-Shahadat, 1984, but any document does not include judicial record of a court---On the analogy of O. XIII, R. 10, C.P.C., there is no provision in the Criminal Procedure Code, 1898, for summoning of judicial record by the court; only certified copies can be produced as secondary evidence as ordained in Art. 76 of the…

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