Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 20(4)---Penal Code (XLV of 1860), S.489-F---Criminal Procedure Code (V of 1898), S.497(5)---Dishonestly issuing a cheque---Pre-arrest bail, cancellation of--According to F.I.R. accused had availed a loan facility of Rupees twelve million from the Bank---Cheques issued by the accused towards repayment of this loan amount had been dishonoured on presentation in the Bank---Contention of the defence counsel was that the contents of the F.I.R. had depicted a matter of recovery of loan, which could be recovered by the complainant by filing a complaint under S.20 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, so no criminal case could have been registered against the accused and he had been rightly allowed pre-arrest bail---Complainant, no doubt, could file a complaint under S.20(4) of the said Ordinance, but the Bank was not debarred from getting the criminal case registered against the accused under. S.489-F, P.P.C.---Complainant had the prerogative to get redressed his grievance through efficacious and speedy remedy of his choice and no objection from the other side in this regard could be entertained---Ingredients of S.489-F, P.P.C. were fully attracted---Accused had not bothered to arrange for the return of loan according to agreement, which showed mala fides on his part---Dishonour slips issued by the Bank available on record had connected the accused with the offence---Parameters laid by Superior Courts for grant of pre-arrest bail had been ignored by trial Court---No ill-will or personal grudge on the part of the complainant or the police was pointed out on behalf of accused for his false implication in the case---Bail granted to accused was cancelled in circumstances. ORDER IJAZ AHMAD CHAUDHRY, C.J.---Through this petition under section 497(5), Cr.P.C. Muhammad Mazhar Iqbal/petitioner, Recovery Officer, Trust Investment Bank Ltd., who is complainant of case F.I.R. No.760 registered at Police Station Defence-A, Lahore, on 4-9-2010, for offences under section 489-F, P.P.C. has sought cancellation of bail before arrest granted to Zaheer Ahmad Khan/respondent…

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