SHAHID ALI SIDDIQUI Versus THE STATE

1. AJMAL MIAN, J. --This appeal is directed against an order, dated 19-12-1985 dismissing the private complaint lodged by the present appellant under section 247, Cr.P.C. by the learned S.D.M., Liaquatabad in Case No. 611 of 1984 under section 420, P.P.C. The above private complaint was filed on the allegation that the respondent, the brother of a girl, obtained a sum of Rs.1,50,000 on various dates on the pretext that he would give his sister in marriage to the appellant. The learned S.D.M., Liaquatabad after examining the complainant and two witnesses issued the process. After that he dismissed the above complaint by the above order under section 247, Cr.P.C. The appellant being aggrieved by the above order has filed present appeal.

2. Mr.. Khawaja Naveed Ahmed, learned counsel for the applicant has submitted that the learned S.D.M. could not have passed an order under section 247, Cr.P.C. as offence disclosed in the private complaint was cognizable. The above contention seems to be correct but the fact remains that on merits we are of the view that no criminal liability has been disclosed in the complaint. It will not be possible for the appellant to prove the fact that when the money was allegedly received by the respondent, for which there is no receipt, he had no intention to give his sister in marriage, whose name even has not been disclosed in the complaint.

3. We are, therefore, not inclined to allow the above appeal and it is dismissed.

4. S. A. /S-164/ K Appeal dismissed.