Application Under Section 249-A (Power of Magistrate to acquit accused at any stage) (Code of Criminal Procedure,1898 ) Acquittal Aplication

IN THE COURT OF MUHAMMAD AKBAR, LEARNED JUDICAL MAGISTRATE, P.S. WARIS KHAN, RAWALPINDI.

Muhammad Ali  S/o Muhammad Shoukat, Caste Chaudry, R/o House No.365,

Asghar Mall Scheme Colony,  Rawalpindi.

Petitioner………..

                                         

VS

          The State                                                                           Respondent………

                                         

CASE FIR NO.264 DATED 18.08.2014, UNDER SECTION  489-F PPC,   REGISTERED WITH P.S. WARIS KHAN, RAWALPINDI.

PETITION UNDER SECTION 249/A Cr.PC.

Respectfully Sheweth:-

1.            That the above captioned case is pending adjudication before this Honourable court and is fixed for today.

2.            That the petitioner is accused in the above mentioned case and is attending the court regularly on each and every date of hearing without fail.

3.            That as per contents of FIR the allegation leveled against the Petitioner is that he issued two cheques to the complainant, bearing No. xxxxxxxx dated 11.02.2014 amounting to Rs.40000/- and cheque No. xxxxxxxx dated 06.01.2014 amounting to Rs.25000/-, to be drawn at MCB Waris Khan  Branch Rawalpindi, which cheques were not encashed, hence the instant case was got registered.

4.            That infact the said cheques were never ever given to the complainant against any obligation / amount due against the petitioner, furthermore the said cheques are not in the name of the complainant which fact is clear like crystal from the relevant column of the cheques in question. It is also worth mentioning here that the said cheques bear the dates as 11.02.2014 and 06.01.2014, whereas the  instant FIR was got registered on 18.08.2014 and the complainant kept mum for such a long time which facts also speak volumes of malafide and create serious doubt on the part of prosecution.

5.            That in the light of the factual position stated in paras no.3 and 4 supra, no case whatsoever is made out against the Petitioner as per law laid down by the Apex Courts in hierarchy of judgments.

6.            That the petitioner is facing agony of trial since the date of registration of the above mentioned false and baseless case.

7.             That the even otherwise the prosecution has miserably failed to produce even a single witness in the court till date, which fact also establishes that the prosecution has no interest in the instant case the case  as  its case is false and baseless.

8.            That even if all the prosecution witnesses are produced / appeared before this honourable court, even then there is no any chance of conviction of the petitioner.

9.            That in the circumstances  further continuance of the instant case would be futile exercise, and be mere wastage of precious time of this honourable court, rather it would amount to the “abuse of the process of the court”  as per law and in the light of dictum laid down by superior courts.

10.             That the instant petition has been moved to meet ends of justice.

PRAYER:

            It is therefore, respectfully prayed that this petition may kindly be accepted and the petitioner may graciously be acquitted from the charge, to meet the ends of justice, equity and good conscious.

Petitioner,

                                                Through:-

                                                                    MUHAMMAD WAQAS

Advocate High Court

Note:

That as per information received from the Petitioner (i.e. the client) this is the first petition on the subject ever moved before this honourable court on behalf of the petitioner in the instant case and no any other petition of like nature is pending adjudication before any other court of law.

  Counsel