Law: Pakistan Penal Code, 1860

Section: 489-F

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

Section: 20,7

Penal Code (XLV of 1860)--- ----S. 489-F---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 20 & 7---Cheque issued to Financial Institution for repayment of loan---Dishonouring of cheque---Quashing of F.I.R. under S.489-F, P.P.C:---. sought quashing of F.I.R. filed against him on the ground that since dispute was between a Financial Institution and customer, therefore, the sole jurisdiction in the matter vested with the Banking Court under Financial Institutions (Recovery of Finances) Ordinance, 2001---Validity---Financial Institutions (Recovery of Finances) Ordinance, 2001 being a special enactment had an overriding effect on ordinary law, therefore, the petitioner could not be proceeded with under provisions of the P.P.C. and only remedy available for the Financial Institution was to invoke provisions of S. 20 of the Ordinance by filing a direct complaint under S. 7(1)(b) of the Ordinance---Prosecution of the petitioner under S. 489-F, P.P.C. was an abuse of the process of the court and was without lawful authority---Financial Institution was debarred from taking advantage of S. 489-F, P.P.C:---.---F.I.R. against the petitioner was quashed, in circumstances. THIS ORDER PASSED BY: MUHAMMAD ANWAR KHAN KASI, JUSTICE:---.--- The petitioner seeks quashment of F.I.R. No.588, dated 28-11-2012, under section 489-F P.P.C. of Police Station Margalla Islamabad, on the ground that the cheque was issued in bona fide good faith for repayment of the loan-amount to the Bank and since the dispute had arisen between Financial Institution and Customer, the sole jurisdiction vests with the Banking Court under the Financial Institutions (Recovery of Finances) Ordinance, 2001 [hereinafter to be referred as the Ordinance, 2001] and under section 7 of the Ordinance, learned Judge Banking Court in exercise of its criminal jurisdiction shall try offences punishable under the Ordinance. 2. It is further contended that the Banks are de-barred from taking advantage of section 489-F, P.P.C. through initiation of proceedings against the defaulter merely on the dishonouring of any cheque issued by the debtor, who had availed any finance facility. 3. In support…

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