Law: National Accountability Ordinance, 1999

Section: 9(i)(ix)(x)(xi)

Law: Penal Code (XLV of 1860)

Section: 405,409,415

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(ix)(x)(xi)---Penal Code (XLV of 1860), Ss. 405, 409 415---Criminal breach of trust and cheating---Appreciation of evidence---Civil dispute--- Determination--- Contractual liabilities--- Forum---Accused assailed his conviction and sentence on the plea that dispute was of civil nature pertaining to non-fulfilment of contractual obligations---Validity---Sufficient evidence or material was not available on record so as to establish that offence of criminal breach of trust as contemplated in S. 409, P.P.C. was committed by accused---When primary offence of criminal breach of trust under S. 405, P.P.C. was not made out, charge for the offences under S. 9(a)(x) (xi) of National Accountability Ordinance, 1999, could not sustain---Prosecution alleged that offence committed by accused was act of cheating, as defined in S. 415, P.P.C. and in such case provisions of S. 9(a)(x) or (xi) of National Accountability Ordinance, 1999 could not be attracted---Cheating and criminal breach of trust were two distinct offences and both could not allege simultaneously---Commitment could not be honoured by accused due to increase in prices of basic raw materials, then in such circumstances there was no dishonest intention on the part of accused, so as to treat his act as criminal---Such was a civil dispute based upon alleged breach of agreement for which remedies were somewhere else other than in criminal Courts---High Court set aside conviction and sentence awarded to the accused as Trial Court failed to appreciate evidence which was not convincing and accused was acquitted of the charge---Appeal was allowed, in circumstances. Zahid Ali Noor v. NAB and others 2017 PCr.LJ 147; Abdul Aziz Memon and others v. The State and others PLD 2013 SC 594; Rafiq Haji Usman v. Chairman, NAB and another 2015 SCMR 1575; Pir Mazharul Haq and others v. The State through Chief Ehtesab Commissioner, Islamabad PLD 2005 SC 63; Nabadwip Chandra Podder and another v. S.D. Ahmed, Official Receiver Official Liquidator, DASS Bank Ltd. PLD 1969 Daaca 629; Abbas Haider Naqvi v. Federation of Pakistan PLD 2022 SC 562; Dr. Waqar Hameed v. The State…

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