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

Section: 20

Law: Constitution of Pakistan, 1973

Section: 199

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 20---Quashing of proceedings---Civil and criminal proceedings---Petitioner was customer of Bank who was facing trial in criminal complaint filed by the Bank before Banking Court---Petitioner without seeking remedy before the Banking Court sought quashing of proceedings directly from High Court under constitutional jurisdiction---Validity---Whenever offence was committed by customer of financial institution within the contemplation of Financial Institutions (Recovery of Finances) Ordinance, 2001, it could only be tried by Banking Court constituted thereunder and no other forum---Pendency of civil proceedings relating to same issue was not a bar to commencement or continuation of criminal proceedings---Both proceedings could proceed concurrently as conviction for criminal offence was altogether a different matter from civil liability---Petitioner had approached the High Court directly under Art. 199 of the Constitution for quashing of proceedings of criminal complaint without first exhausting alternate remedies available to him under the law by approaching Trial Court---Such direct approach for quashing, amounted to depriving the other side from presenting its case and or bringing home the guilt of accused---High Court declined to interfere in the matter as petitioner had alternate remedy available to him---Constitutional petition was dismissed in circumstances. Mushahid Shah v. Federal Investment Agency 2017 SCMR 1218 rel. (b) Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Quashing of criminal proceedings---Principle---High Court under Art. 199 of the Constitution has no jurisdiction to resolve disputed questions of facts warranting recording of evidence---If, prima facie, an offence is made out, the normal course of trial before Trial Court cannot be allowed to be deflected except in presence of very exceptional circumstances. THIS JUDGMENT DELIVERED BY: AHMED ALI M. SHAIKH, C.J.--- Through instant writ petition under Article 199 read with Article 203 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner seeks quashment of…

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