1. ' Rana Khalid Hussain appellant had filed a complaint against respondent No,1, Abdul Haq, SDO, Wapda, for an offence under section 409, P.P.C. read with section 5(2) of Prevention of Corruption Act, 1947. Special Judge Central, Lahore, took cognizance of the case and summoned evidence as well. The case remained pending for quite some time. Ultimately, on 5-10-1992 the trial Court dismissed the complaint on account of non-appearance of the complainant.
2. Learned counsel for the appellant contended that since the respondent was charged with a cognizable offence, therefore, the complaint could not be dismissed for non-appearance. Learned counsel for the respondent has seriously challenged the proposition. But, when confronted with the provisions of section 247, proviso 2 of the Cr.P.C., he conceded that the offence was cognizable. In these circumstances, the trial Court should have heard both the sides and given a finding on merits as well. Therefore, the appeal is accepted, the case is remanded to the trial Court with a direction to proceed with the trial: Parties are directed to appear before the trial Court on 25-1-1993.