Law: National Accountability Ordinance, 1999

Section: 9(a)(viii),31-D

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(viii) 31-D--- Wilful default---Appreciation of evidence---Notice, non-reply of---Address, change of---Effect---Accused persons alleged to have committed wilful default in repayment of bank loan---Trial Court convicted accused persons and sentenced them to imprisonment for five years along with payment of fine---Validity---Notices were duly served on address of defaulting company as per records of bank provided by defaulting company---Prosecution exhibited courier receipts to show that Bank notices were received at the address of company given by accused persons at the time of taking out the loan---If accused persons changed their address then it was their duty to inform change of address to Bank but they failed to do so---Not the job of Bank to trace out whereabouts of loan defaulters before serving notices on them---Bank was only obliged to serve notice to defaulters on address last provided by them to bank--- Accused persons did not put any plausible reason as to why they failed to repay loan and did not even join investigation of NAB to justify their position despite they were sent call up notices---Accused persons did not even make one loan instalment repayment and deliberately avoided all notices from their bank and State Bank of Pakistan regarding treating their loan as wilful default---Defaulted amount was wilful---Division Bench of High Court declined to interfere in passed by Trial Court as accused persons failed to point out any error in the same either as a matter of law or fact---All ingredients required to make out a case of wilful default were proved through cogent, reliable and trustworthy oral and documentary evidence---Prosecution proved its case beyond reasonable doubt---Appeal was dismissed in circumstances. Khan Asfand Yar Wali and others v. Federation of Pakistan and others PLD 2001 SC 607; Islamuddin Shaikh v. Federation of Pakistan and others PLD 2001 Kar. 419; Kaloodi International (Pvt.) Ltd. v. Federation of Pakistan PLD 2001 Kar. 311; Irfan Nawab through Attorney v. Soneri Bank Limited 2013 CLD 1922 and Intikhab A. Syed v. Chairman NAB 2019 MLD 127 ref. Mian Munir Ahmed…

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