ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Cr. Acquittal A. No. S- 46 of 2023
|
Date |
Order with signature of Judge |
1. For hearing of main case.
2. For hearing of MA No.2531 of 2023. 417 (2)
16.11.2023.
Mr. Ali Raza Pathan, advocate for the appellant.
Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh a/w ASI-Ghulam Ali, PS – Staurt Ganj, Shikarpur
--------------
Learned counsel submits that though the case is based upon documentary evidence for which best course for trial court was to decide the same for recording evidence of the parties and provide equal opportunity of hearing to either side. On 05.05.2023 the applicant/ complainant submitted an application for adjournment before the trial court on the ground that his counsel was not feeling well, therefore, sought date but the trial court had allowed application filed by the respondent under section 249-A Cr.PC which constrained the appellant to maintain instant appeal against acquittal of the appellant. He therefore, submits that by granting instant appeal the case may be remanded to trial court with directions to record evidence of the prosecution witnesses and after completion of trial conclude it according to its merit.
The respondents inspite of service has chosen to remain absent. ASI-Ghulam Ali, PS–Staurt Ganj, Shikarpur has returned the process duly served taken on record; however, he is called absent.
Learned Additional Prosecutor General, Sindh has no objection for grant of instant appeal.
Admittedly, instant case pertains to dishonouring the cheque within the meaning of the section 489-F PPC which always initiated upon the basis of documents. There is no denial for issuance of cheque by the respondent hence proposal so advanced carries weight. In the circumstances and in view of above pecuniary circumstances of the case, appeal in hand is hereby allowed. Consequently, impugned order dated 5.5.2023 passed by Civil Judge/Judicial Magistrate- I, Shikarpur (trial court) in respect of Criminal Case No.25/2023 re: The State v. Abdul Ghani, is hereby set aside. The case is remanded to trial court for trial. The trial court after examining all the material witnesses decide the fate of the case according to law. The case shall be deemed to be pending as it was on 5.5.2023.
Instant criminal acquittal appeal is disposed of in above terms.
JUDGE
Ashfaq/*