1. ' This acquittal appeal is directed against the judgment dated 31-1-2003, in Criminal Case No,69 of 2002, whereby the learned VIIIth Judicial Magistrate East Karachi, acquitted the respondent No,1, of the charge under sections 406/420, P.P.C.
2. ' The prosecution case is that the respondent issued cheque, which was dishonoured. After appreciation of the evidence brought on record, the learned trial Court came to the conclusion that it was simple case of loan transaction and there was no inducement by way of misrepresentation. No fraud was committed and there was no mens rea. After arriving at the above conclusion, the learned trial Court held that mere dishonouring of the cheque does not constitute an offence under sections 406/420, P.P.C. The matter was of civil nature and consequently, the respondent was acquitted. The learned counsel for the respondent No,1, has submitted that it was a civil transaction and an amount of Rs,21,000 has been paid to the appellant.
3. ' He has submitted that no criminal offence has been made out and the judgment of acquittal is not open to any exception.
4. ' The learned State counsel, has also supported the impugned judgment of acquittal and contended that after insertion of section 489-F, P.P.C., by Criminal Law Amendment Ordinance No,LXXXVI of 2002, with effect from 25th October 2002, the bouncing of cheque has become an offence but for that purpose also dishonest issuance of cheque towards repayment of loan or fulfilment of an obligation which is dishonoured on presentation, is to be established. In this case the offence is alleged to have been committed in the year 2001 when section 489-F was not on the statute book. He has submitted that the learned trial Court has rightly appreciated the evidence and has correctly held that no offence under sections 406/420, P.P.C., was made out.
5. 'After perusal of the impugned judgment and the hearing the learned Advocates for the respondent and State, I am persuaded to agree with their submissions. It is held that the learned trial Court has rightly acquitted the respondent No,1 and the impugned judgment is not open to any exception. The acquittal appeal stands dismissed accordingly.