Law:

Section:

Keywords: Constitution, Personal Guarantees, Registered, Defence Witness, Period, Presentation, Representative, Illegal, Terms And Conditions, Trial Court, Jurisdiction, Appropriation, Possession, Evidence, Provisions, Procedure, Determination, Guilty, Payment, Defence, Impugned Judgment, Petition, Recovery, Parties, Interlocutory Order, Order, Orders, High Court, Impugned Order, Period Of Limitation, Conditions, Lease Agreement, Ouster, Prima Facie, Manager, Delivery, Concealment, Leave, Remedy, Ouster Of Jurisdiction, Principal Officer, Mandatory Provisions, Notice, Maintainability, Constitutional Petition, Consent Result: Criminal revision application dismissed JUDGMENT SYED MAHMOOD A LAM, J. - This Criminal Revision Application is directed against the judgment, dated 07.10.2006, passed by the learned Judge Banking Court-ll, Karachi, in Criminal Complaint No. 2/2006, filed under Section 20 of Financial Institutions (Recovery of Finances) Ordinance, 2001 (hereinafter refer to as the Ordinance, 2001) whereby the respondents/accused were acquitted. 2. Precisely, the facts of the case are that a direct complaint has been filed by the applicant against the respondents for an offence punishable under Section 20 of the Ordinance, 2001, and which contends therein that the applicant granted the leasing facility to respondents to the extent of Rs. 76,40,000/- in respect of 02 units air-condition Hiro Buses. The respondents purchased the air-condition units from M/s. Indus Engineering on 08.03.2004, for Rs. 24,40,000/- and sold. It to the applicant for fixing in the buses, which were leased out to respondents and the respondents were bound to effect the payment in 60 monthly instalments at the rate of Rs. 1,44,890/- each, commencing from March, 2004 with expiry in March, 2009. All the documents were prepared including the post-dated cheques and personal guarantees of the respondents Nos. 2 and 3. It is, alleged that the respondents were not regular in payment of lease rentals and even the post-dated cheques were dishonoured. As a result, the applicant possessed both the buses without air-conditions in the month of February, 2005, as the air- conditions were removed by…

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