Law:

Section:

Criminal Procedure Code (V of 1898) S.561 A Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.20(4) Constitution of Pakistan (1973), Art.13 Complaint against dishonour of cheque ¬Criminal proceedings Quashing of Contention of accused was that statement of complainant having not been recorded by Trial Court immediately upon receipt of the complaint, proceedings against him were hit by S.20(4) of Financial Institutions (Recovery of Finances) Ordinance, 2001 as well as Art.l3 of Constitution of Pakistan (1973) Validity ¬Contention was repelled because it was not pointed out by accused as to what prejudice was caused to him by non¬-examination of the complainant immediately upon receipt of complaint Pendency of civil suit filed by complainant against accused with regard to recovery of amount which was subject matter of criminal case against accused, was no ground for quashing of criminal case as it could not tantamount to double jeopardy If a criminal liability was spelt out from facts and circumstances .of a particular case, accused could be tried upon a criminal charge Quashing of proceedings against accused in circumstances would tantamount to stifling of proceedings pending before Trial Court, which was not warranted by law Application for quashing of proceedings was dismissed in circumstances. Mrs. Tahmina Bashir v. Abdul Rauf and another 1995 CLC 973 and United States v. Irwin Halper 490 US 435 ref. ORDER MUHAMMAD ROSHAN ESSANI, J. By this criminal revision application the applicants have sought the following relief: It is, therefore, prayed that this Honourable Court may be pleased to check the impropriety and the illegality of the proceedings initiated malafidely to harass the applicants and, thereby, set aside the impugned order of dismissal of application under section 265 K, Cr.P.C. by invoking the abovesaid provisions of law and acquit the applicants. The brief facts of the prosecution case as disclosed in the complaint are that the respondent/ complainant is a Banking Company within the definition prescribed under section 2(a)(i) of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 (Act XV of…

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