Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 20 & 7---Penal Code (XLV of 1860), S. 489-F---Criminal Procedure Code (V of 1898) S. 154---Constitution of Pakistan, Art. 199---Constitutional petition---Jurisdiction of Banking Court---Cheque issued to Financial Institution by customer as guarantee for return of loan facility---Dishonouring of cheque---Order for registration of FIR under S. 489-F, P.P.C.---Petitioner impugned order of Justice of Peace whereby FIR under S. 489-F, P.P.C. was ordered to be registered against him for dishonouring of cheque issued by him as guarantee to the Financial Institution---Held, that per S. 7 of the Financial Institutions (Recovery of Finances) Ordinance, 2001; no court other than the Banking Court shall have or exercise jurisdiction with respect to any matter to which jurisdiction of the Banking Court was extended to under the said Ordinance---Section 20(4) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 dealt with the dishonest issuance of cheque and punishment of said offence had been provided in this section and therefore it was obvious that in said matter jurisdiction only lay with the Banking Court and not before any other court---Under S. 20(4) of Financial Institutions (Recovery of Finances) Ordinance, 2001, offences under the Ordinance shall be bailable, non-cognizable and compoundable and S. 154, Cr.P.C. came in field where the commission of a cognizable offence was disclosed---When the statute itself made it clear that the offence was not cognizable, then registration for a criminal case/FIR by local police could not be permitted---High Court observed that even though S. 489-F was inserted after promulgation of the Financial Institutions (Recovery of Finances) Ordinance, 2001; but same would not give it an overriding effect over the Financial Institutions (Recovery of Finances) Ordinance, 2001, which was a special law---Impugned order was set aside--- Constitutional petition was allowed, in circumstances. Muhammad Asif Nawaz v. The ASJ and others W.P. No. 10707 of 2012 rel. (b) Interpretation of statutes--- ----Conflict of laws---Interpretation of a…

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