Legal Question in Criminal Law in Pakistan

To

Mr. Salman Khan

Hi there!

My brother was doing business with his friend. Due to some problem, a dispute raised between them. My brother faced lose in business and he went to Australia. His friend filed the case only on the basis of the cheques. He nominated my all 3 brothers. now 2 have got the bail. Due to being in Australia my 1 brother, who was actually doing business with his friend, could not attend the court proceeding due to being in Australia. And the lawyer is saying now that the case can not be dismissed until 3rd nominal of the case do not attend proceeding. And the person, who filed the case, do not attend the court proceeding. What action should we take? and one more thing is that, the case of bounced cheaques be dismissed or the actual person must have to attend the court proceeding? or the case of bounced cheques be chalenged in court?

kind regards.

Yusra Shah


Asked on 12/26/11, 8:08 pm

2 Answers from Attorneys
Salman Khan International Lawyer

File a petition of 249-a for one of the brothers who is falsely nomitated and get him acquited. Then go for the second brother and that way these two will be acquited. The case will not end but it will declare the third brother as absconder and case file will be consigned to the record room. For more you can always direct email me at [email protected]

Regards,

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Answered on 12/27/11, 12:39 am
Syed Naveed I A Law Associates

A Petition or application 249-A of Cr.P.c can be filed from one or two of your brothers who have been granted bail and are falsely nominated, to get them acquitted. The case will not be closed but it will be adjourned sine-die and a declaration for the third brother as absconder will be made and case file will be consigned to the record room.

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Answered on 12/27/11, 10:48 am


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