2022 MLD 752
S.489 -F---Civil Procedure Code (V of 1908), O.XXXVII, R.l---Criminal Procedure Code (V of 1898), Ss.435 & 439---Dishonouring of cheque---Appreciation of evidence---Un-explained delay in FIR---Recovery suit, dismissal of---Revisional jurisdiction of High Court---Scope---Complainant got registered FIR against accused with an unexplained delay of three years---Accused was convicted by Trial Court and Lower Appellate Court for issuing a cheque which was dishonoured on presentation---Validity---Date of occurrence mentioned in FIR was 16-06-2006 whereas date of registration of FIR was 11-05-2009, there was no plausible explanation for reporting of the matter to police after an inordinate delay of about three years---Civil suit filed by complainant under O.XXXVII C.P.C. was dismissed by Trial Court---High Court while exercising revisional jurisdiction in terms of S.435, Cr.P.C. had to examine record for the purpose of satisfying its conscious to check correctness, legality or propriety of any findings / sentence passed by Courts below---Duty conferred upon High Court on its revisional side compelled it to reprise the entire evidence on the touchstone of principle of fair trial as referred in Art.10-A of the Constitution if Lower Appellate Court in disposing of appeal had not discussed evidence at all---High Court set aside conviction and sentence awarded by two Courts below and accused was acquitted of the charge, as prosecution had failed to prove its case beyond reasonable doubt
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