law acquittal 489-f

law acquittal 489-f (Mujjan Ali Panhwar )

S. 489 -F---Criminal Procedure Code (V of 1898), S.417 (2-A)---Dishonestly issuing a cheque---Appeal against acquittal---Dishonouring of a cheque, which should be towards fulfilment of an obligation, or repayment of loan was an essential ingredient for bringing the case within the ambit of S.489 -F, P.P.C.---Complainant, had failed to bring forward any proof which would substantiate that cheque in question was for the fulfilment of any obligation and had completely denied any sort of record regarding the alleged transaction---Complainant was running the business of grains, but he was not keeping any record to establish the transaction---Mere possession/issuance of a cheque was insufficient for convicting accused, but said cheque was to be backed by certain obligation or a loan, which was missing in the present case---Cheque in question, having repeatedly been denied by accused by stating that they had no business transaction with the complainant, heavy burden lay upon the complainant to discharge the onus of proof completely, which he had failed to do---Nothing was wrong with the impugned judgment, as the same was in consonance with law and facts---Appeal was dismissed, in circumstances.
2015 YLR 691 KARACHI-HIGH-COURT-SINDH
Side Appellant : SHAHID HUSSAIN
Side Opponent : PREM KUMAR