ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Revision Appln.No.S-39 of 2017.

Date of hearing

Order with signature of Judge

Before: Mr.Justice Irshad Ali Shah 

Ø For orders on M.A.No.1044/2018 (497 (5) Cr.PC)

Ø For orders on M.A.No.5428/2018 (345(2)Cr.PC)

Ø For orders on M.A.No.5429/2018 (345(6)Cr.PC)

Ø For hearing of case.

20.12.2018

                        Mr. Rafique Ahmed Abro, Advocate for the applicant.

Mr. Habibullah Ghouri, Advocate for the complainant.

Mr. Muhammad Noonari, D.P.G for the State.

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1.                    The facts in brief necessary for instant order are that the applicant dishonestly issued different cheques to be en-cashed by complainant Syed Abid Hussain Shah as token for return of his money and purchase of buffaloes from him, those were bounced when were presented before the concerned bank, consequently the complainant lodged FIR of the incident with P.S Rehmatpur, whereby the applicant was reported upon by the police before the Court having jurisdiction.

2.                    At trial, the applicant did not plead guilty to the charge and the prosecution to prove it examined complainant and his witnesses and then closed the side. The applicant in his statement recorded u/s 342 Cr.PC denied prosecution allegation by pleading innocence. On conclusion of the trial, the applicant for an offence punishable u/s 489-F PPC was convicted and sentenced to undergo R.I for three years and to pay fine of Rs.30,000/- and in case of his failure to make payment of fine, was ordered to undergo S.I for three months. The applicant impugned the conviction and sentence recorded against him by way of filing an appeal, it was dismissed by learned 6^th Additional Sessions Judge, Larkana. The applicant then has impugned the dismissal of his appeal before this Court by way of filing the instant criminal revision application.

3.                    During pendency of the instant Crl.Revision Application, the applicant entered into compromise with the complainant and then filed such application u/s 345 (6) Cr.PC, it is signed by the applicant and the complainant, and as token of its correctness, the complainant has filed his affidavit wherein it is stated by him that he has compounded the offence with the applicant at the intervention of nekmards of the locality and he and the applicant have buried their differences.

4.                    It is contended by learned counsel for the applicant that the compromise which is arrived at between the parties is true and genuine. By contending so, he sought for its acceptance.

5.                    Learned D.P.G for the State and learned counsel for the complainant have recorded no objection to the acceptance of compromise application.

6.                    I have considered the above arguments and perused the record.

7.                    The compromise which is arrived at between the parties is appearing to be true and genuine, which apparently has been effected by the parties without coercion or compulsion. It is therefore accepted in the best interest of peace and brotherhood, which is expected to be prevailed between the parties. Consequently, the applicant is acquitted of the offence for which he was charged, tired and convicted. The applicant is present in Court on bail, his bail bond is cancelled and surety is discharged. The surety papers to be returned to the surety on proper verification.

8.                    The instant Crl.Revision Application together with listed applications is disposed of accordingly.

                                                                                                                                JUDGE

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