Law: Banking Companies Ordinance, 1962

Section: 84,83,43-A

Law: State Bank of Pakistan Act, 1956

Section: 9,10

Banking Companies Ordinance, 1962 (LVII of 1962)- -—Ss. 84, 83 and 43-A read with State Bank of Pakistan Act, 1956, Sections 9 and 10-Illegal banking business—Offence of—Complaint against respondent-¬ Trial of-By Section 84, authority to file complaints  as been delegated to officer/officers authorised in writing to do so-It is apparent that Mian Abdul Qadir, Senior Deputy Director, State Bank of Pakistan was fully competent to file this complaint against  ccused-  ere is solitary testimony of PW1 against accused that he failed to produce relevant record and information when called upon by State Bank-None of persons who made complaints against accused, was  xamined  s a witness to lend support to prosecution case—Held: It is a  ardinal principle of law that it is not for accused to prove his innocence but burden lies on prosecution to establish guilt of accused beyond shadow of doubt—Held further. Prosecution has failed to prove charge against accused  eyond reasonable doubt-Accused acquitted. PLD 1980 Lahore 658 and PLD 1980 Lahore 332 ref. JUDGMENT (/) Whether the Staie Bank of Pakistan had reason to believe that the accused was indulging in illegal banking business?(«) Whether the accused has failed to produce/supply relevant record/information concerning his business, when called upon by the State Bank of Pakistan to do so?6 My findings on the above points are as follows:- •(gt;.) Yes. («} Not proved7 Point NoJ Mian Abdul Qadir, Senior Deputy Director, State Bank ofaklstOT (PW.l) has produced the advertisement (Ex.4), made by the accused, viich rsods as follows1-He has further testified that from this advertisement it appeared to him that the accused was indulging in illegal banking business. The accused has not disputed the insertion of this advertisement in Daily Jang Karachi, but denied to have solicited the deposits of money from public. The word appears used in Section 43-A of the Banking Companies Ordinance, 1962, denotes that at that stage there should be prima facie mateiial to indicate that the offences complained of are likely to have been committed. It falls short of an absolute certainty. The evidence of Mian…

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