Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Constitution of Pakistan, 1973

Section: 199

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

Section: 7,9,20,20(4)

Penal Code (XLV of 1860)--- ----S. 489-F---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss. 7, 9 & 20---Constitution of Pakistan, Art.199---Constitutional petition---Dishonestly issuing a cheque, and default in fulfilment of obligation---Jurisdiction of Banking Court---Scope---Petitioner instituted a suit for declaration and rendition of accounts along with permanent injunction against the respondent/bank in Banking Court---Court passed injunctive order in favour of petitioner, wherein respondent/bank was restrained to adopt any illegal coercive measures for recovery of loan against the petitioner---Bank which did not put in appearance, moved an application before Justice of Peace for registration of criminal case against the petitioner---Cheque in question issued by the petitioner in favour of the bank, was dishonoured on presentation due to insufficient amount---Justice of Peace vide impugned order, ordered registration of criminal case against the petitioner---Contention of the petitioner was that he being a "customer" and bank being 'Financial Institution', bank could adopt recourse to the procedure under Financial Institutions (Recovery of Finances) Ordinance, 2001 for recovery of its defaulted loans by filing proceedings against the delinquent defaulters with the Banking Court having exclusive jurisdiction to adjudicate and decide such matter---Validity---By obtaining impugned order from Justice of Peace, ultimate object of bank was for initiation of proceedings under S.489-F, P.P.C. as cheque issued by the petitioner in favour of the bank was dishonoured---Object of the Financial Institutions (Recovery of Finances) Ordinance, 2001, and to initiate proceedings under P.P.C., were entirely different, as both the enactments, could not be amalgamated or confused with each other---Civil liability existed between the parties and diverting the same into criminal offence where a complete recourse for recovery of such liability was provided under Financial Institutions (Recovery of Finances) Ordinance, 2001, seemed to be with mala fide intention and ulterior motive---Section 20(4) of said Ordinance, provided the remedy wherein cheque…

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