Law: Penal Code (XLV of 1860)

Section: 408, 419, 410, 468, 471

Law: Code of Criminal Procedure (CrPC), 1898

Section: 154

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 7(4)---Criminal Procedure Code (V of 1898), S. 154---Penal Code (XLV of 1860), Ss.408, 410, 419, 468 & 471---Law Reforms Ordinance (XII of 1972), S.3---Intra Court appeal---Offence committed under the Financial Institutions (Recovery of Finances) Ordinance, 2001---Registration of F.I.R for such offence---Legality---"Registration of F.I.R." and "taking of cognizance"---Distinction---Plea was that only Banking Court could take cognizance of an offence under the said Ordinance on a complaint in writing made by a person authorized by the Bank, therefore, registration of F.I.R. by the complainant was without jurisdiction---Validity---Registration of F.I.R. and taking of cognizance were two distinct and independent concepts under criminal law---No clog or implied prohibition on registration of F.I.R. had been provided specifically--- Appeal was dismissed accordingly.JUDGMENT NOOR-UL-HAQ N. QURESHI, J.---The instant Intra-Court Appeal is directed against order dated 21-12-2012 passed by learned Single Judge in Chamber by virtue of which writ petition filed by the appellants was dismissed. 2. The facts giving rise to the present ICA, are that respondent No.3 lodged F.I.R. No.61, dated 10-2-2012 under sections 408, 419, 410, 468 and 471, P.P.C., Police Station Sabzi Mandi, Islamabad against petitioner No.1. Petitioner filed writ petition for quashment of the said F.I.R. but the writ was declined by learned Single Judge in Chamber. 3. Mainly it is contended that in view of sections 263 to 265 of Companies Ordinance, 1984, Registrar of the Companies having authority to take cognizance of the matter. Coupled with such plea, it is also…