Law:

Section:

(a) Penal Code (XLV of 1860)---S. 489-F---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.20 (4)---Criminal Procedure Code (V of 1898), S.22-A---Constitution of Pakistan, Art.199---Constitutional petition---Re-payment of finance---Dishonouring of cheques---Petitioner obtained loan from bank and for its return issued cheque which was dishonoured on presentation---Ex-Officio Justice of Peace, on application filed by complainant bank, directed police to record statement of complainant and proceed in accordance with law---Grievance of petitioner was that no criminal case could be registered against him---Validity---Jurisdiction was only with Banking Court established under Financial Institutions (Recovery of Finances) Ordinance, 2001, and not before any other court until and unless the same was provided by law, by which financial institution was established---If Legislature had any intention, it could have, at the very beginning formulate or afterwards could amend Financial Institutions (Recovery of Finances) Ordinance, 2001, in such a manner so as to bring the offence within definition of "cognizable" offence---When amendment was not made in Financial Institutions (Recovery of Finances) Ordinance, 2001, Legislators explicitly made their intention clear that with regard to matters between financial institutions and their customers, therefore, such enactment would hold the field and S.489-F, P.P.C. would be applicable to all other persons in general except those covered by Financial Institutions (Recovery of Finances) Ordinance, 2001---Purpose by not amending Financial Institutions (Recovery of Finances) Ordinance, 2001, was that normally in any case of loan from financial institution, loans were protected by mortgage, warranties and covenants with regard to ownership, mortgage, pledge, hypothecation or assignment of or other charges on assets or properties and financial institution could recover the amount by adopting appropriate process under any of such modes---High Court set aside order passed by Ex-Officio Justice of Peace---Petition was allowed accordingly. Abid Mahmood Malik v. Station House Officer, Police Station Margalla and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492