Law: Criminal Procedure Code (V of 1898)

Section: 22A

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A--Direction for registration of criminal case--Issuance of cheque by petitioner to Bank (ZTBL) against recovery of bank loan, which was dishonoured--Seeking direction to SHO which was allowed--Petitioner issued cheque to ZTBL and allegedly issued a bad cheque for repayment of a finance or fulfillment of an obligation towards a financial institution--Under Financial Institutions (Recovery of Finances) Ordinance 2001, it could only be tried by Banking Courts--Petition accepted and Respondent would be at liberty to file a complaint before banking Court under Ordinance, 2001. 2017 SCMR 1218 ref. THIS JUDGMENT DELIVERED BY: TARIQ SALEEM SHEIKH, JUSTICE---.--- This constitutional petition is directed against Order dated 04.01.2016 passed by the learned Ex-officio Justice of Peace, Muzaffargarh. 2. Brief facts necessary for our present purposes are that the Petitioner obtained finance from the Zarai Tarqiati Bank Limited, Khangarh Branch (the "ZTBL"), which was inter alia secured against the mortgage of an agricultural land. The Petitioner continued to avail that facility for four years and then defaulted. Respondent No. 3, who is the Branch Manager of ZTBL, approached the Petitioner for recovery of the bank's dues. The Petitioner issued Cheque No. 4671462 dated 26-03-2015 for Rs. 698,000/- to him but the same was dishonoured. In the circumstances, Respondent No. 3 moved an application under Section 22-A, Cr.P.C. before the learned Ex-officio Justice of Peace seeking a direction to the Respondent SHO for registration of FIR against the Petitioner which was allowed vide impugned order dated 04-01-2016. Hence, this petition. 3. The learned counsel for the Petitioner contended that the learned Ex-officio Justice of Peace had passed the impugned order mechanically without due application of mind. The offence alleged against the Petitioner attracted the provisions of Section 20 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the "Ordinance"), which was a special law. The offence was bailable, non-cognizable and compoundable. Only a Banking Court established under Section 5 of the Ordinance could…

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