Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.61--Misappropriation of funds of trade union--Complaint against-­Joint application roved stating that accused would take special oath on Holy Quran to the effect that he had not made alleged mis­appropriation and that on taking such oath complainant would not press his complaint--Complainant backing out and praying for decision of complaint on merits--Held: inference could be drawn against integrity of complainant on account of such conduct. 1982 S C M R 1197(2) held not applicable. (b) Industrial Relations Ordinance (XXIII of 1969)- --S.61--Criminal Procedure Code (V of 1898), Ss.249-A & 342-­Misappropriation of funds of trade union--Trial for--Maintainability of application for acquittal under S.249-A of Criminal Procedure Code, 1898--Application can be moved at any time when accused considers that no evidence is likely to come on record to connect him with alleged offence--Onus to prove guilt of accused lies upon complainant-­Plea that application under 5.249-A, Cr.P.C. would be pre-mature and not maintainable before accused is examined under 5.342 of Criminal Procedure Code, 1898 and has been subjected to cross-­examination by complainant repelled--Held: Evidence of complainant, if closed can be discussed to find out if material brought on record even if not rebutted would constitute an offence--Complainant failing to substantiate allegations against accused and nothing on record required to be rebutted by accused--Application under 5.249-A of Criminal Procedure Code, 1898, in circumstances, accepted and complaint dismissed acquitting the accused. Wasiullah Qureshi for Complainant. Muhammad Bashir Awan for Accused. JUDGMENT This complaint 1tas been filed under section 61 of I. R.O. 1969. Facts giving rise to this complaint are that elections of New Thermal Power Station (WAPDA) Workers Union, which is also CBA, were held on 31-3-1984 and complainant was elected its President while accused No.l was elected as General Secretary. The elections of the members of the Managing Committee were however held on 14-4-1984. According to the complainant, it was for the accused No. 1 to notify the change in…

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