Law:

Section:

Banking Companies Ordinance (LVII of 1962)------Part-IV-A---Penal Code (XLV of 1860), Ss.409, 420, 463, 468 & 471---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction---Scope---Petitioner had called in question act of omission on the part of respondent by not performing his obligation in refunding 'Term Deposit Receipt' for a sum of Rs.20,00,000-Question of genuineness of said 'Term Deposit Receipt' was a question of fact, which could not be ascertained unless an inquiry in that respect was conducted---Petitioner had remedy of either filing a suit under the relevant law or a complaint before the Banking Mohtasib---Alternate remedy was available to petitioner to approach either the Court of competent jurisdiction or Banking Mohtasib under the provisions of Part IV-A of the Banking Companies Ordinance, 1962---Constitutional jurisdiction being an extraordinary jurisdiction, could be invoked only to meet extraordinary situation---Such jurisdiction was never meant to be treated as adequate or alternate remedy provided by law---Constitutional petition was not competent in view of availability of alternate remedy. Ch. Muhammad Ismail v. Fazal Zada, Civil Judge, Lahore PLD 1996 SC 246; Mst. Kaniz Fatima through L.Rs. v. Muhammad Salim and 27 others 2001 SCMR 1493; Umar Hayat Khan v. Inayatullah Butt and others 1994 SCMR 572; Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276 and Mahmud Khan and another v. Government of the Punjab through District Collector, Lahore 2005 YLR 1 133 ref. ORDER SYED HAMID ALI SHAH, J.---The petitioner through the instant petition has called in question the act of omission on the part of respondent No.2 by not performing his obligation in refunding the Term Deposit Receipt (TDR) for a sum of Rs.20,00,000 (Rupees Twenty Lacs only) purchased on 19-8-2003. It is contended that staff of Bank of Punjab, Chunian Branch, District Kasur remained involved in the acts of fraud, misrepresentation and embezzlement of huge amounts, including the amount of the petitioner. An F.I.R. to this effect was registered under sections 409, 463, 468, 471 and 420, P.P.C. and section…

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