Law:

Section:

THIS ORDER PASSED BY: ASLAM JAVED MINHAS, JUSTICE:---.--- Through this constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged the vires of order dated 12.11.2013 passed by the learned Justice of Peace, Multan whereby the SHO, respondent No. 2 was directed to record the statement of the petitioner-bank and then proceed strictly in accordance with law. 2. The facts, in a small compass, necessitating the filing of the instant petition are that respondent No. 3-Bank Al-Falah Limited Islamic Banking, Bosan Road Branch, respondent No. 3 filed a petition under section 22-A, Cr.P.C. For registration of case against the petitioner by alleging therein that the petitioner issued cheques valuing Rs. 119,440/- in favour of respondent-bank which on presentation were dishonoured. 3. Learned counsel for the petitioner inter alia contends that the impugned order suffers from gross illegality and irregularity. Further contended that in the light of Financial Institutions (Recovery of Finances) Ordinance, 2001, no criminal case could be registered against the petitioner. Further added that the banks are debarred to adopt the provisions of section 489-F, P.P.C. In presence of special law, therefore, the learned Justice of Peace passed the impugned order wrongly and illegally. 4. On the contrary, the learned A.A.G assisted by learned counsel representing respondent No. 3/complainant argues that the impugned order has been passed by the learned Justice of Peace squarely in accordance with law and that since the cheque issued by the petitioner dishonoured, therefore, provisions of section 489-F, P.P.C. Are fully attracted. They further contended that the learned Justice of Peace after considering the factual aspect, issued a valid direction, therefore, the impugned order does not suffer from any illegality or irregularity. Learned counsel for the respondent-Bank argued that taking cognizance is something different as compared to the registration of case and the provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001, therefore, registration of case is not barred under this Ordinance.…

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