Muhammad Asif S/O Abdul Majeed vs Abdul Hameed And Another

Balochistan High Court · 2026 · Before Hon'ble Justice Iqbal Ahmed Kasi

2. Briefly stated, the facts of the case are that respondent No.1 obtained a loan of Rs.2,000,000/- from the appellant and, in discharge of his liability, issued cheque No. CA0072257472 dated 07.06.2022 for the said amount. Upon presentation, the cheque was returned unpaid by the bank. Thereafter, when respondent No.1 was contacted by the appellant and called upon to honor the cheque amount, he failed to make the payment. Subsequently, FIR was registered.

3. After formal investigation, report under Section 173 Cr.P .Cwas submitted before the trial Court and the accused/respondent No.1 was sent to face trial. The trial Court seized with the matter, framed charge against the accused/respondent, to which he pleaded not guilty and claimed trial. In order to substantiate its case, the prosecution produced and examined four witnesses in the following sequence: Criminal Acquittal Appeal No.180 of 2024 2 Only for viewing purpose. Contact office for certified copy. PW-1, Asif Zubair , the complainant, who produced the written application as Ex.P/1-A; PW-2, Nisar Ahmad, representative of Faisal Bank, who produced the bank letter as Ex.P/2-A; PW-3, Ali Muhammad, who produced the recovery memo of the cheque as Ex.P/3-A; PW-4, Tariq Mehmood, the Investigating Officer ,who produced the FIR as Ex.P/4-A, Challan as Ex.P/4-B, and other relevant documents as Ex.P/4-C.

4. On completion of prosecution evidence, the respondent No.1 was examined under Section 342 Cr.P .C., wherein he professed innocence and denied the allegations leveled against him, however, he did not opt to record his statement on oath as envisaged under Section 340(2) Cr:P .C,nor led any witness in his defense. On conclusion of trial, the trial Court acquitted the respondent No.1 of the charge vide impugned judgment dated 28.09.2023, hence this Criminal Acquittal Appeal.

5. Learned counsel for the appellant inter-alia contended that that the learned trial Court failed to properly appreciate the evidence brought on record. He submitted that respondent No.1 had admittedly obtained a loan of Rs.2,000,000/- from the appellant and, in discharge of his lawful liability, issued cheque No. CA0072257472 dated 07.06.2022 for the said amount. Upon presentation, the cheque was dishonoured by the bank, and despite repeated demands, respondent No.1 failed to make payment of the cheque amount; that the appellant had produced the original cheque as well as the dishonour slip before the learned trial Court, but the learned trial Court, while ignoring the material available on record, acquitted respondent No.1 on fragile and unsound grounds. Lastly, he prayed that the impugned judgment, being contrary to law and facts of the case, be set aside by convicting the respondent No.1 in accordance with law.

6. Heard learned counsel for the appellant and perused the record. Criminal Acquittal Appeal No.180 of 2024 3 Only for viewing purpose. Contact office for certified copy.

7. After having close scrutiny of evidence as well as documents available on record, it has been observed that the grounds mentioned, reasons recorded and conclusion arrived at by the trial Court in respect of acquittal of the accused/respondent No.1…

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