Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 2(c),2A,20(4),7

Law: Pakistan Penal Code, 1860

Section: 489F

Penal Code (XLV of 1860)--- ----S.489-F---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss. 20, 7 & 2(c)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Object and reasons for enacting Financial Institutions (Recovery of Finances) Ordinance, 2001 and Penal Code, 1860, were different---Cheques issued by customer to Leasing Company in connection with lease of vehicle were dishonoured---Leasing Company got registered F.I.R. against the customer---Validity---Lessee of the vehicle was a "customer" within the meaning of S.2(c) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 and case of the lessee clearly fell within the ambit of provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001---Section 7, Financial Institutions (Recovery of Finances) Ordinance, 2001 had conferred criminal jurisdiction to the Banking Court, to try offences, punishable under the Ordinance---Whenever an offence was committed under S.20(4) of the Ordinance, Banking Court would take cognizance upon a complaint filed by the authorised person and complaint would be tried by concerned Banking Court, appeal against which was provided before High Court---F.I.R. against the customer under S.489-F, P.P.C. or allowing the same to exist was only wastage of time and abuse of process of law---High Court allowed the constitutional petition of the customer and directed the police not to take law in its own hands in cases covered within the ambit of Financial Institutions (Recovery of Finances) Ordinance, 2001---Principles. JUDGMENT CH. MAHMOOD AKHTAR KHAN, J.--- Brief facts of the case are that the petitioner got the vehicle No.RLC-8879 on lease from Askari Leasing Limited respondent No.1 authorization letter was issued on 18-3-2006. Total outstanding amount payable by the petitioner to the Leasing Company was Rs.30,60,000 in 36 instalments and Rs.7,65,000 insurance charges for the next whole year was to be paid by the petitioner being customer of the company. The whole amount was to be paid in instalment of Rs.89,827 per month, for -which the petitioner handed' over post-dated cheques to the company. Two cheques were…

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