Law:

Section:

National Accountability Ordinance (XVIII of 1999)--- ---Ss. 5(r), 9(a)(viii) & 31-D---Constitution of Pakistan, Art.. 199---Constitutional petition---Wilful default---Quashing of reference---Statutory notice, requirement of---Petitioners were facing trial before Accountability Court on the allegation of wilful default in payment of bank loan---Plea raised by accused was that financial institution and authorities did not comply with legal requirements regarding issuance of statutory notices---Validity---Two notices, which were mandatorily required to be issued in accordance with provisions of National Accountability Ordinance, 1999, had not been issued by meeting requirement of law---First notice for period of 30 days was required to be issued by financial institution and then subsequent thereto a notice for seven days was requirement of law, . issued by Governor, State Bank of Pakistan---Governor State Bank of Pakistan issued 'notice on 9-1-2002, whereas notice by financial institution was issued on 18-10-2002, which were not requirement of law---Mandatory requirement as contained in S. 5(r) read with S. 31-D of National Accountability Ordinance," 1999, were not followed in their letter and spirit and filing of reference and ' subsequent proceedings pending pursuant thereto were thus nullity in the eye of law and were liable to be quashed---High Court quashed reference against petitioner pending trial---Petition was allowed in circumstances. Khan Asfandyar Wall and others v. Federation of Pakistan through Cabinet Division, Islamabad and others PLD 2001 SC 607 and Messrs Kaloodi International (Pvt.) Ltd. and another v. Federation of Pakistan and others PLD 2001 Kar. 311 ref. JUDGMENT IBAD-UR-REHMAN LODHI, J.---Through this common judgment we intend to dispose of Criminal Miscellaneous No.10-Q of 2011, Criminal Miscellaneous No.4-Q of 2011 and Writ Petition No.3754 of 2011;seeking quashment of proceedings pending in pursuant of Accountability Reference No.14 of 2007 in Accountability Court No.III, Lahore. 2. The history in brief, relevant for the purpose of disposal of present petitions is that a Reference was filed on the complaint of Governor, - State Bank…

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