Legal Question in Criminal Law in Pakistan

Hi,

In a cheque bounce case of 7 lac, the statement of complainant was recorded in-chief before the Magistrate, and then case was adjourned for another date on which cross-examination was to be conducted on the complainant by the accused party.

But before that cross examination date, the complainant submitted an affidavit that he is going abroad due to a job offer, and he won't be able to come before 8-9 months.

I would like to ask you my respected seniors can this case against the accused be discharged, and can he be acquitted on the basis of complainant's absence?? If so, kindly guide me to the sections of CrPC under which we need to file the application.

Waiting for your kind guidance in this regard.

Thanks.


Asked on 4/07/14, 5:41 am

2 Answers from Attorneys

muhammad ahmad mian law associates

You better file an application to consign the file in record room,, at present stage neither the acquittal nor dismissal can be granted

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Answered on 4/07/14, 10:52 am

refer to Section 249 of Cr.PC

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Answered on 4/17/14, 6:50 pm


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