Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 20---Criminal Procedure Code (V of 1898), Ss. 265-K & 403---Constitution of Pakistan, Art. 13---Default in payment of bank loan---Double jeopardy, principle of---Applicability---Acquittal before trial---Accused persons availed various loans from complainant bank and on default of payment of loan, bank filed complaint under S.20 of Financial Institutions (Recovery of Finances) Ordinance, 2001---On application filed by accused persons, Trial Court acquitted them in exercise of powers under S.265-K, Cr.P.C.---Validity---All liabilities against alleged misappropriation were admitted by co-accused, who was real beneficiary of the deal---Bank had already filed similar nature of complaint on 17-1-2001 and after its dismissal on 4-9-2002, bank kept mum from the date of dismissal till filing of present complaint---Bank failed to render any reason for filing second complaint after lapse of seven years---No appeal or application against order of dismissal was preferred---Complaint in question also amounted to double jeopardy, which was against S.403, Cr.P.C. and also against Art.13 of the Constitution---High Court did not find any probability of conviction of accused persons for alleged offence, even if prosecution would have allowed to produce evidence against them---Charge levied against accused persons being without substance and groundless, therefore, Trial Court had rightly acquitted accused persons under S.265-K, Cr.P.C., which needed no interference---Appeal was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 265-K---Acquittal before framing of charge---Scope---Trial Court under S.265-K, Cr.P.C. can acquit accused at any stage, if charge against accused facing trial is groundless and there is no likelihood of his conviction---Trial Court can acquit accused even before framing of charge. JUDGMENT KHALID MEHMOOD, J.---The Industrial Development Bank of Pakistan has filed this criminal appeal against impugned acquittal order of respondents passed by learned Judge Banking Court, Hazara Division, Abbottabad dated 3-12-2010. 2. Briefly stated the facts of…

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