ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Acquittal Appeal No.S-44 of 2018.

Date of hearing

Order with signature of Judge

1. For orders on office objection “A”.

2. For orders on M.A.No.4775/2018.

3. For hearing of case.

05.11.2018.

Mr.Mubashir Ali Solangi, Advocate for appellant/complainant.

Mr.Raja Imtiaz Ali  Solangi, A.P.G

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1.                Deffered.

2.                Granted.

3.                The appellant/complainant by way of instant criminal acquittal appeal has impugned judgment dated 06.06.2018, passed by learned Civil Judge & Judicial Magistrate-III, Larkana, whereby he has acquitted the private respondent of the charge. It is barred by time.

                   The facts in brief necessary for disposal of instant criminal acquittal appeal are that the private respondent issued a cheque worth rupees Ten Lacs in favour of appellant/complainant dishonestly on account of sale/purchase of Car. It was bounced by the bank when was presented there for encashment, for that the present case was registered.

                   It is contended by learned counsel for the appellant/complainant that the learned trial Court has acquitted the private respondent of the charge without lawful justification. By contending so, he sought for action against the private respondent.

                   Learned A.P.G by supporting the impugned judgment sought for dismissal of the instant criminal acquittal appeal by contending that it is time barred by 71 days.

                   In rebuttal to above, it is contended by learned counsel for the appellant/complainant by contending that the justice could not be denied on point of limitation.

                   I have considered the above arguments and perused the record.

                   The FIR of the incident has been lodged with delay of about five months, such delay could not be lost sight of. The instant criminal acquittal appeal is barred by time by 71 days, the same could not be condoned under the pretext that the justice could not be denied for want of limitation. The delay in filing of the appeal is appearing to be willful. No willful delay in filing of the appeal could be condoned under any pretext, because on expiry of appeal, a valuable right has arisen in favour of the private respondents automatically; that could not be taken away by calling upon them to face a time barred appeal.

                   The instant criminal acquittal appeal is dismissed accordingly.

                                                                                                      JUDGE

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