Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Limitation Act, 1908

Section: 5

(a) Criminal Procedure Code (V of 1898)--- ----S. 417---Limitation Act (IX of 1908), S. 5---Appeal against acquittal---Condonation of delay---Scope---Appeal against acquittal had been filed after the expiry of prescribed period of limitation for about one hundred and fifteen days---Contention of appellant was that being an old age citizen he was confined in his home due to COVID-19 pandemic---Delay of each day had not been explained in the application under S. 5 of Limitation Act, 1908---Explanation for filing appeal after expiry of limitation period was also not convincing---Application for condonation of delay was dismissed---Resultantly, the criminal acquittal appeal was dismissed. Mst. Sirajun Munira v. Pakistan through Assistant Deputy Director Genera (Admn), Islamabad 1998 SCMR 785 rel. (b) Limitation Act (IX of 1908)--- ----S.5---Condonation of delay---Scope---Defaulting party while applying for condonation of delay must explain and account for the delay of each day because on expiry of period of limitation, a valuable right is created in favour of the other party. 2002 SCMR 1903 rel. JUDGMENT AFTAB AHMED GORAR, J.---Through this criminal acquittal appeal, the appellant has assailed the legality and propriety of the judgment dated 25.03.2020, passed by the Court of learned Vth Judicial Magistrate/Model Trial Magistrate Court, Karachi (Central), in Criminal Case No.298 of 2016 [re: The State v. Waliullah Khan], culminating from Crime No.33 of 2016 registered at Police Station Joharabad, Karachi under Section 489-F, P.P.C., whereby the learned trial Court after full dressed trial, acquitted the respondent No.2 (Waliullah Khan son of Wasiullah Khan) under Section 245(i), Cr.P.C. by giving him benefit of doubt. 2. Briefly, the facts of the prosecution case, in the words of complainant Muhammad Aslam son of Ayoub Khan are as follows:- I am resident of above-mentioned address and shown in column No.2 of the FIR, that Waliullah Khan son of Wasiullah Khan taken amount of Rs.3,500,000/- as investment in SME Business Solution (Pvt.) Ltd. Company after some time on my demand of the said amount Waliullah Khan issued a cheque to me a post-dated cheque against the…

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