Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 489-F

Law: Financial Institutions (Recovery of Finances) Ordinance, 2001

Section: 20

Criminal Procedure Code (V of 1898)--- ----S. 498--- Penal Code (XLV of 1860), S.489-F---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.20--- Pre-arrest bail, grant of---Section 489-F, P.P.C. and S.20 of Financial Institutions (Recovery of Finances) Ordinance, 2001, are two independent sections---Section 489-F, P.P.C. is applicable when transaction is between two individuals---Banks are the financial institutions and if an offence regarding dishonest issuance of cheque was committed to satisfy the loan secured from a Banking Institution then S.20 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 would be applicable and the Bank would be required to file complaint before the Banking Court in that case and registration of case before police, its investigation and submission of challan in pursuance thereof, would not be in accordance with law and Trial Court would be debarred from taking cognizance of the offence---Definition of the word "complaint" excludes the report of a police officer from the domain of complaint---Case of accused fell within the ambit of S.20 of the aforesaid Ordinance, which carried maximum penalty of one year rigorous imprisonment and was a bailable offence---Accused could not be remanded to police custody in a bailable offence---Ulterior motive of the police was quite apparent in the registration of the present case---Interim pre-arrest bail already granted to accused was confirmed in circumstances. 2006 CLD 1314; PLD 2001 Lah. 533 and PLD 2008 Kar. 212 ref. ORDER MUHAMMAD AKRAM QURESHI, J.--- The petitioner seeks pre-arrest bail in case F.I.R. No.232, dated 22-8-2008 registered under sections 489-F, P.P.C. with Police Station City Farooqabad Sheikhupura, with the allegation that he had availed a financial facility from the Bank of Punjab, Main Branch, Lahore Road, Sheikhupura, for his flour mills and had become a defaulter subsequently and executed three cheques worth Rs.58,00,000, Rs.42,00,000 and Rs.6,58,00,000 respectively and the first two cheques were to be encashed on 31-3-2008 whereas the third cheque on 30-4-2008 but before 31-3-2008, the petitioner requested the complainant-Bank not…

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