Law: Pakistan Penal Code, 1860

Section: 34,420,467,468

Law: Pakistan Penal Code, 1860

Section: 34,420,467,468

Criminal Procedure Code (V of 1898)--- ----Ss. 203 & 439---Penal Code (XLV of 1860), Ss.420/467/468/34---Criminal revision---Complaint of the petitioner-Bank had been dismissed by Special Court after recording preliminary statement of the complainant on the ground that non-compliance of terms and conditions of loan facility agreement did not constitute any criminal offence under the law---Validity---Respondent had entered into an agreement for home finance facility with the petitioner-Bank---Special Court constituted under the Offences in Respect of Banks (Special Courts) Ordinance, 1984, had rightly held that non-compliance of terms and constitutions of the loan facility did not constitute any criminal offence under the law---Remedy available to the petitioner-Bank under the law in the given circumstances was of civil nature by filing a suit of recovery against the respondent---Petitioner Bank had failed to establish a prima facie criminal liability against the respondents---Impugned order did not suffer from any illegality or material irregularity---Revision petition was dismissed in limine accordingly. ORDER This criminal revision petition arises out of the impugned order dated 19-5-2008 whereby the complaint of the petitioner after recording of the preliminary statement of the complainant was dismissed on the ground, that non-compliance of terms and conditions of the loan facility agreement does not constitute any criminal offence under the law. 2. Briefly the facts succinctly required for determination of this revision petition are that respondent No.1 Muhammad Akram had made an application for home-loan facility to the petitioner/complainant on 26-9-2005 and the same was accepted and an amount of Rs.1,095,000 was sanctioned in favour of respondent No.1 after he had executed the relevant charge documents and also provided the agreement to sell with respondent No.2 to the petitioner/complainant and the same pertains to house measuring 3 marlas in Khasra No.780/572, adjacent area 3/480, Khewat No.1207, Khatoni No.2134 according to Jamabandi 1979-80 situated inside Cantt. Mouza Korey Tehsil Cantt. District, Lahore. Respondent No.2 also provided the…

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