Law: Pakistan Penal Code (PPC),1860

Section: 489-F

Law: Code of Criminal Procedure, 1898

Section: 173

Law: Qanun-e-Shahadat Order, 1984

Section: 122

 Summary The appellant challenged the acquittal of the respondent in an offence under Section 489-F PPC relating to the dishonour of a cheque for Rs. 6.8 million. The complainant alleged that the cheque was issued against a loan. However, the High Court found that the endorsement on the reverse of the cheque clearly stated that it was issued only as a guarantee for the sale of a Land Cruiser and would be honoured after its sale. The complainant also made material improvements during his testimony by introducing new facts and amounts not mentioned in the complaint. As the prosecution failed to prove that the cheque was issued towards repayment of a loan or an existing obligation, the essential ingredients of Section 489-F PPC were not established. The High Court upheld the acquittal, holding that no perversity or misreading of evidence existed in the Trial Court's judgment. Tagline A cheque issued as a guarantee, and not for repayment of a loan or existing liability, does not attract liability under Section 489-F PPC. ORDER; INAAM AMEEN MINHAS, J.- This appeal has been directed against the judgment dated 21.10.2023 (“Impugned Judgment”), passed by learned Magistrate Section 30, Islamabad (West) (“Trial Court”), whereby respondent No.1 was tried in case FIR No.298, dated 04.10.2014, under section 489-F, PPC, registered at Police Station Shalimar, Islamabad and was acquitted. Brief facts of the case as unfolded from the FIR are that the appellant/complainant is involved in the business of buying and selling vehicles. He had a business relationship with respondent No.1/accused and g ave him Rs. 68,00,000/- as loan. In return respondent No.1/accused , issued cheque No.99860440, dated 01.04.2013 against the said amount. However, when the appellant presented the said cheque in Silk Bank Limited, F-11 Markaz, Islamabad, it was dishonoured due to insufficient funds. After completion of the investigation, report u/s 173, Cr.P.C was submitted before the Court for trial. Trial Court framed the charge, recorded evidence and after hearing the arguments of learned counsel for the parties acquitted respondent No.1/accused from the case,…