2013 P Cr (PLP)
Mst. ASMA AHTESHAM — Applicant Versus The STATE — Respondent
| Citation | 2013 P Cr (PLP) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | Mst. ASMA AHTESHAM — Applicant Versus The STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2013 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 P Cr (PLP)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 P Cr (PLP) (Mst. ASMA AHTESHAM — Applicant Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 489-F
Criminal Procedure Code (V of 1898), S. 561-A
Dishonoured cheques issued from a joint account
Joint account holders, liability of
Scope
Complainant had allegedly provided a loan to the accused-lady (applicant) and her husband/co-accused
Accused and her husband/co-accused issued cheques to the complainant from a joint account
Said cheques were dishonoured
Court below directed the Magistrate to issue process against the accused for joining her in the trial
Complainant contended that accused was negotiating for the loan and wrote a letter to the Bank for stopping payments of cheques, therefore, she shared the common intention with her husband/co-accused to cheat the complainant
Accused contended that she had no concern with the business of her husband/co-accused, and that she neither obtained any loan from the complainant nor issued any cheques to him
Accused was nominated in the F.I.R. and she had a joint account with her husband/co-accused
Facts and circumstances of the case fully connected the accused with the commission of the alleged offence
Impugned order of Court below needed no interference
Revision application was dismissed accordingly.
Judgment & Decree
AFTAB AHMED GORAR, J.
Through this application applicant has impugned order dated 8-3-2012 passed by learned 1st Additional Sessions Judge East Karachi. The allegation as per F.I.R. is that applicant and her husband were maintaining a joint account and cheques issued to complainant were dishonoured. Counsel for applicant states that she is innocent and has no concern with the business of her husband neither she obtained any loan from the complainant as alleged in the F.I.R. nor issued cheques to the complainant. He submits that learned 1st Additional Sessions Judge East Karachi ignored this fact that the essential requirements for involving her or joining her in case under section 489-F, P.P.C. are missing and mere appearing of her name allegedly in a letter to bank, to stop the payments of cheques 4 days after dishonouring. He further submits that complainant has falsely implicated the applicant in this case in order to humiliate her in the eye of society. Counsel for complainant submits that the cheques of the applicant/accused have been dishonoured which are on the record. Applicant/accused run joint account from which the cheques were issued and she is bound by the conditions mentioned in the form which says that she is equally responsible for the acts done in the account. He submits that she had been negotiating for the loan and had written letters to the bank for stopping payments of cheques as such she has shared common intention with co-accused who is her husband to cheat the complainant. He prayed that the order dated 8-3-2012 passed by learned 1st Additional Sessions Judge East Karachi is according to law and the same may be upheld. Learned A.P.G. adopts the arguments advanced by learned counsel for complainant. I have heard the learned counsel for the parties and have also perused the record. The applicant is nominated in F.I.R. The applicant/accused has joint account with co-accused Ahtishamuddin this fact is clear from letter dated 3-5-2010 signed by both the account holders the present applicant and her husband. The facts and circumstances of the case fully connect the applicant/accused with the commission of alleged offence, hence I am of the view that the order passed by learned 1st Additional Sessions Judge East Karachi needs no interfere and the same is upheld. Criminal Revision Application No.75 of 2012 is disposed of. MWA/A-127/K Application dismissed.