Law: Pakistan Penal Code (PPC),1860

Section: 405, 406, 24

Law: Code of Criminal Procedure, 1898

Section: 161, 173, 249-A, 417(2-A), 512

Law: Constitution of Pakistan 1973

Section: 10-A

 Summary

The appellant challenged the order of the Judicial Magistrate whereby the respondent was acquitted under Section 249-A Cr.P.C. before the commencement of trial in an FIR registered under Section 406 PPC (Criminal Breach of Trust). The allegation was that the complainant had entrusted Rs.10 lakh, a blank cheque, and four cheques worth Rs.20 lakh to members of a Jirga for settlement of a dispute. After the death of the Jirga Chairman, the respondent retained the cheques and money but refused to return them despite a written undertaking, creating an apprehension of misuse.

During investigation, the police recorded statements of about ten witnesses, verified the relevant stamp papers, and submitted a challan recommending trial under Section 406 PPC.

However, before framing of charge, the trial court acquitted the respondent under Section 249-A Cr.P.C. solely on the basis of the FIR, holding that the dispute appeared to be civil in nature and that there was no probability of conviction.