Law: Criminal Procedure Code (V of 1898)

Section: 51,523,550,561A

Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 3

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 51, 523 & 550---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 3---Finance facility extended to customer by Financial Institution for vehicle---Civil dispute---Seizure of property (vehicle) on default---Scope---Police may seize any property taken under S. 51, Cr.P.C. or stolen or regarding which any offence appeared to have been committed or which appeared to have been used for the commission of the offence---Such power could not be exercised to settle a civil dispute between parties by seizing a vehicle or any other property not either stolen, suspected to be stolen or recovered from an accused---Court shall not legalize the unlawful exercise of power by police or to secure or recover the finance facility extended to a customer by any financial institution---Petition was disposed of by handing over the vehicle to the respondent/customer. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 3--- Criminal Procedure Code (V of 1898), Ss. 561-A, 523 & 550---Finance facility extended to customer by Financial Institution---Default---Seizure of vehicle by Financial Institution---Validity---Criminal and civil proceedings against the defaulter---Financial institution may proceed against the defaulter/customer in competent court of law for civil or criminal proceeding subject to any civil or criminal liability that the customer may incur under the contract or rules or any other law for the time being in force---Petitioner/Financial institution instead of invoking the jurisdiction of Banking Court opted to initiate criminal proceeding in term of Ss. 523/550 of Cr.P.C.---Quashment petition was disposed of by handing over the vehicle to the customer accordingly. THIS JUDGMENT DELIVERED BY: IKRAMULLAH KHAN, J.--- Through the instant petition, petitioner has invoked the jurisdiction of this Court in term of the provision contained in section 561-A, Cr.P.C. in order to get the required relief as prayed for as: "that on acceptance of this petition, the order passed by respondent No.3 may kindly be set aside while the order passed by learned ADJ-II, Mardan may…

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