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

Section: 2(c)

Law: Criminal Procedure Code (V of 1898)

Section: 22-A

Law: Penal Code (XLV of 1860)

Section: 409

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 2(c)---Criminal Procedure Code (V of 1898), S. 22-A---Penal Code (XLV of 1860), S. 409---Criminal breach of trust by public servant, or by Banker, merchant or agent---Scope---Petitioner assailed order passed by Ex-officio Justice of Peace whereby his application under S. 22-A, Cr.P.C. was dismissed on the ground that the matter came within the provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001---Case of petitioner was that a sugar mill had obtained the facility of loan from petitioner/Bank by pledging sugar bags---Bank appointed surveyors for security of the stock but during joint inspection came to know that the pledged sugar bags were missing---Bank alleged that the sugar bags were misappropriated/ sold/alienated by respondents/ proposed accused persons---Financial Institutions (Recovery of Finances) Ordinance, 2001 was only applicable where there was a relationship of customer and financial institution between the parties---Proposed accused persons did not come within the definition of customer---Surveyor, by virtue of its appointment, had become an agent of the Bank and had to act in accordance with such agency---Constitutional petition was accepted and the SHO was directed to record statement of petitioner. Faisal Farooq and 3 others v. Station House Officer and another 2017 CLD 1 rel. Muhammad Jawad Khan Lodhi for Petitioner. Malik Javed Ali Dogar, Assistant Advocate-General and Ghulam Muhammad, ASI. Madam Uzma Razzaq Khan for Private Respondents. ORDER ZULFIQAR AHMAD KHAN, J.---This 1st Appeal is preferred against the judgment and decree dated 3.03.2003 passed by learned Vth Additional District Judge, Hyderabad, whereby the suit filed by the respondent/plaintiff was decreed. 2. Concisely, relevant facts of the case as disclosed in the judgment of the trial court reads as under:- “Dr. Suhail filed a suit for recovery of Rs.3,50,000/- against the appellant/defendant based on a promissory Note dated 20.04.1999 and defendant executed such receipt of acknowledgment in presence of two witnesses viz. Dr. Tarique Iqbal and Iqbal Hussain Shah. The plaintiff…

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