Application U/S 428 Cr.P.C for additional evidence dismissed

2019 M L D 76
[Peshawar]
Before Qalandar Ali Khan, J
HASNAIN OBAID—Petitioner
VersusASIF SHAKOOR and another—Respondents

Accused-petitioner was charged for dishonestly issuing cheque for payment of Rs. 6.8 million to the complainant—Accused-petitioner claimed that he was psychological patient and that the cheque in question had fraudulently been obtained from him and he had already paid Rs. 2.7 million to the complainant as against Rs.2.4 million due against him—Accused-petitioner claimed that the said record could not be placed on the file as he was in jail and had no access to the same, being handicapped—Application under S.428 Cr.P.C. was submitted to the appellate court, but was dismissed —Validity—Main stress of the petitioner was on his mental ill health, which, indeed, had never been pleaded as a defence either in the criminal case or in the civil suit filed by complainant against the petitioner for the recovery of Rs.6.8 million—During his statement recorded under S.342, Cr.P.C., petitioner was specifically asked whether he wanted to produce any defence evidence and his answer was no—Petitioner raised the said plea of additional evidence after his conviction in the case that was apparently an after-thought—Accusedpetitioner had refused to avail the opportunity of recording defence evidence, so as to invoke the jurisdiction of the appellate court for taking further evidence—Earlier recording of evidence by a party would be the essential pre-requisite for recording of further evidence, which was non-existent in the present case—Petitioner did not avail the opportunity of recording his defence evidence during trial proceedings—Revision
petition was dismissed in circumstances.

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