Law: Penal Code (XLV of 1860)

Section: 489-F

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

Section: 133

Law: Constitution of Pakistan, 1973

Section: 10-A

Penal Code (XLV of 1860)--- ----S. 489-F---Qanun-e-Shahadat (10 of 1984), Art. 133---Constitution of Pakistan, Art. 10-A---Dishonouring of cheque---Appreciation of evidence---Right of fair trial---Cross examination---Non-availability of advocate---Direction of High Court---Effect---Accused was convicted by Trial Court for issuing a cheque which was dishonoured on presentation and he was sentenced to imprisonment for three years---Conviction and sentence was maintained by Lower Appellate Court---Validity---Accused was unaware of the art of cross-examination and testimony of witnesses could not be tested properly---Testing the veracity and credibility of witnesses was a legal right of accused which could be achieved through proper cross-examination---High Court had issued direction for conclusion of trial but spirit of the order was meant only for a speedy conclusion of trial and not to deprive accused of his right of fair trial---Time could have been requested and extended in the interest of justice---Rights of accused persons were guaranteed under the Constitution and the very right of cross examination by counsel for proper defending was infringed---High Court set aside conviction and sentence awarded to accused and case was remanded to Trial Court for decision afresh---Revision was allowed accordingly. Abdul Ghafoor v. The State 2011 SCMR 23 rel. JUDGMENT GHULAM AZAM QAMBRANI, JUSTICE:---.---Through this Criminal Revision Petition, the petitioner/convict has assailed the order dated 12.02.2014 passed by the learned Sessions Judge-West, Islamabad and the impugned judgment dated 29.11.2013 passed by learned Judicial Magistrate, Section-30, Islamabad-West, whereby he was convicted in case FIR No. 40, dated 23.1.2013 under section 489-F, P.P.C. and was sentenced to Rigorous imprisonment for three years and fine amounting to Rs. 50,000/- and in default of payment of fine the accused have to further undergo simple imprisonment for a period of six months. Benefit under section 382-B, Cr.P.C. was also extended to the convict/petitioner. 2. Brief facts of the case are that Syed Amjad Hussain Shah/complainant lodged a complaint with P.S Kohsar alleging therein that he…

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