Legal Question in Criminal Law in Pakistan

Can i file suit under 37 cpc, the facts are under.
Rs. 700,000/- was borrowered from me and i sent this amount through on line (accused bank account).
Rs. 80,000/- is paid his loan installment on his behalf (amount is transfred in my bank account to his loan account).
On clearance of cheque when i sent for encashment, on dishonoury slip it is written the cheque is returned due to differ signature.
on receipt of dishonery slip i registered case 489f through court order22a 22b.
Before registration of FIR i send several SMS for recovery and replacement of cheque, personally visited 13 time alongwith my witnesses for recovery of amount but accused always promisses for returning money soon.
On pre-arrest bail accused has taken this ple that his cheque was stolen on same date which written on cheque and complainant has borrowed money 700,000 (1 month before from cheque date) in presence of his 2 witnesses.
During this period he requested for police enquiry.
In bank record tempering was done by accused in his signature and specimene of signature was different from orignal.
Court has decided to withdraw his pre0arrest bail application as the enquiry was pending with police.
Police has ignored all facts in my favour like SMS record, my witnesses, cross cheque, transaction through bank and cheque misplaced on same day when i sent money to accused.
I appeal and requested high police for further investigation and change of I/O.
I/O is changed and seniour official in his letter stated DSP does not consider all facts, accused make tempering and also not produced orignal receipt durring investigation. Also advised to take more cheque from bank and other record( tempering will not be done in new record) and send all to testing labs.
Accused is relactant now to appear in police investigation, police also not registered fraud case against him given support.
Under this condition i should file 37 cpc alvise please hope you will reply by covering all aspects.

Asked on 3/15/11, 7:51 am

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you can file suit under the above mentioned provision of law, you can call me to discuss this detail; 03474254306.

Answered on 3/15/11, 10:16 am

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