Law: Penal Code (XLV of 1860)

Section: 489-F

Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 489-F, 406 34--Criminal Procedure Code, (V of 1898), S. 417(2)--Appeal against acquittal--Dishonoured of cheque--Case of appellant is that he is running his business of Rent a Car in name and style of Awan Tours situated in Khayaban-e-Sirsayed, Rawalpindi--Both accused used to obtain vehicles on daily, monthly and on annual basis--They obtained five vehicles from appellant, but did not pay rent and when accumulative rent of vehicle exceeded to Rs. 26,00,000/-, complainant demanded rent of vehicles as well as vehicles but they lingered on matter on one pretext or other but thereafter Mohsin Khan issued a cheque of MCB Pirwadhai, Rawalpindi, for an amount in favour of complainant and when complainant deposited said cheque online in Allied Bank, same was dishonoured due to insufficient funds- have misappropriated and misused vehicles of appellant, which was taken by them on rent--With regard to issuance of cheque by accused, it is proved through oral as well as documentary evidence on record but prosecution has failed to prove any obligation of accused, as rental of Vehicle shows that it was according to which said vehicle was obtained by accused co-accused whereas, accused was only a guarantor, as such, obligation for payment of rent of said vehicle was upon co-accused and not accused--Keeping in view above ingredients of criminal breach of trust, breach of any condition of rental do not fall within above-mentioned criteria--With regard to Iqrarnama executed in between complainant and accused record shows that complainant neither mentioned said document in his application for registration of F.I.R nor produced before Investigation Officer--Further no marginal witnesses of said Iqrarnama was produced by prosecution to prove its contents, hence, prosecution miserably failed to prove liability of accused with regard to payment to complainant mentioned in cheque--Keeping in view above facts and circumstances, it transpires from record that no material was available on record against accused/respondents--The trial Court, after proper appraisal of evidence available on record, has rightly concluded that prosecution…

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