Law: Criminal Procedure Code (V of 1898)

Section: 173,342,561A

Law: Pakistan Penal Code, 1860

Section: 489-F

(a) Criminal Procedure Code (V of 1898)--- ----S. 342---Statement of accused---When prosecution evidence is rejected in entirety, the statement of the accused under S. 342, Cr.P.C. is to be accepted in toto and without scrutiny. The State v. Muhammad Hanif and others 1992 SCMR 2047 rel. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Preamble---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Appeal against acquittal---Appreciation of evidence---Prosecution case was that accused being proprietor of a Business House obtained a loan amounting to Rs. 4,35,00,000 from a Bank but did not return the same---On repeated demands of the Bank, accused issued a cheque, which was dishonoured---Accused had issued cheque to the Bank as a customer for return of loan---Action could only be taken by the Bank against the customer under the Financial Institutions (Recovery of Finances) Ordinance, 2001 and no other law---Banking Court had exclusive jurisdiction in the matter under the said Ordinance---Prosecution case was full of patent illegalities right from its inception---Appeal was dismissed in limine. Syed Mushahid shah and others v. Federal Investment Agency and others 2017 SCMR 1218 rel. THIS ORDER PASSED BY: MUHAMMAD QASIM KHAN, J.--- This appeal has been directed against the judgment dated 28.02.2014 passed by learned Additional Sessions Judge, Hafizabad, whereby, on acceptance of appeal filed by the accused/respondent, against the judgment of his conviction, he has been acquitted in case FIR No.924/2009 dated 21.09.2009 registered under section 489-F, P.P.C. at police station City Hafizabad. 2. Briefly the facts of the case are that above FIR was registered on the complaint of Rana Saleem Zaeem ur Rehman, Manager of the Bank of Punjab, Hafizabad, to the effect that one Qadir Bakhsh, Proprietor of M/s. Mian Qaiser Bakhsh & Co., Hafizabad Road, Jalalpur Bhattian, obtained a loan amounting to Rs.4,35,00,000/-, but did not return the same. On repeated demands of the Bank, he issue a Cheque No.88945 dated 15.02.2009 to be drawn on MCB, Jalalpur Bhattian for payment of the land. The said cheque was deposited for…

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