LHC overturns conviction in Rs6.9m cheque dishonour case

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LAHORE:

The Lahore High Court (LHC) has acquitted a man sentenced in a Rs6.9 million cheque dishonour case, ruling that a bounced cheque alone does not constitute a criminal offence unless mala fide intent is proven.

Justice Sadaqat Ali Khan allowed the revision petition filed by the accused, Shamim Aslam and nullified the three-year imprisonment and Rs20,000 fine earlier imposed by the trial court.

In its detailed verdict, the court observed that the case was registered more than a year after the alleged incident, with the prosecution offering no reasonable explanation for the delay, raising doubts about the authenticity of the complaint.

The judge also noted that the complainant had not pursued any civil suit for the recovery of the disputed amount, a key omission that, according to the court, weakened the claim that any money was actually owed.

"If the amount was genuinely payable, the complainant would have simultaneously approached a civil court for recovery," the judgment stated.

Reaffirming a core principle of criminal jurisprudence, the court emphasized that the benefit of doubt must always go to the accused.

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