IN
THE HIGH COURT OF SINDH AT KARACHI.
Date Order with signature of Judge
For Katcha Peshi.
Dated: 14.03.2012
Mr. Ainuddin Khan for the Appellant.
Mr. Hamid Idris for the respondents.
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Through this appeal order dated 07.12.2010, whereby Banking Court after framing the charge had dismissed the Criminal Complaint on account of non-prosecution, has been called in question.
Mr. Ainuddin, counsel for the appellant, while placing reliance on the judgment of the apex Court in the case of Zahoor v. Said-ul-Ibrar (2003 SCMR 59), contends that in case the complainant fails to effect appearance, the trial court is bound to decide the case on merits on the basis of material available on record and cannot dismiss the complaint on account of non-prosecution. Counsel for the respondents is not in a position to controvert this position.
In the instant case after recording the statement of complainant cognizance was taken by the Banking Court, process were issued and thereafter charge was framed therefore the complaint could not have been dismissed on account of non-prosecution. This being settled position of law and the intent of Section 203 Cr.P.C. we, therefore, set aside the impugned order and remand the case to the Banking Court for its decision on merits for which the parties would appear before the Banking Court on 07.04.2012.
Judge