| Citation(s) |
|---|
| 2008 SLG 2246 2008 SLD 2246 2008 CLD 1291 |
Sindh High Court
Criminal Revision No.127 of 2005, decision dated: 11-08-2008.
ALI SAIN DINO METLO AND DR. RANA MUHAMMAD SHAMIM, JJ
Muhammad Abdullah for Applicant. Saalim Salam Ansari for
Respondent No. 1. Jam Asif Mehmood for
Respondent No. 2. Rizwan Ahmed Siddiqui, D.A.G. for
Respondent No. 3.
Criminal Revision No.127 of 2005, decision dated: 11-08-2008.
ALI SAIN DINO METLO AND DR. RANA MUHAMMAD SHAMIM, JJ
Muhammad Abdullah for Applicant. Saalim Salam Ansari for
Respondent No. 1. Jam Asif Mehmood for
Respondent No. 2. Rizwan Ahmed Siddiqui, D.A.G. for
Respondent No. 3.
NATIONAL ENVIRONMENTAL CONSULTING, (PVT.) LTD. through Authorized Officer--Applicant
VS
. Mirza KAMRAN BAIG and 2 others
Law:
Section:
Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984)-------Ss. 4 & 5---Banking Companies Ordinance (LVII of 1962), S.5(b)---Complaint, dismissal of---Deposits of money in bank---Purpose---Deposits of money accepted by a bank from members of public were for the purpose of bank's use in lending or investment and not for the purpose of keeping them apart as trust money--Adjustment of money from the account of petitioner against the credit card liability of the Chief Executive of its associated company did not amount to criminal breach of trust---No exception could be taken to the Order of the Trial Court dismissing the complaint. S. Pakrashi and another v. Emperor AIR 1941 Cal. 713; Attorney-General of Canada and another v. Attorney-General of the Province of Quebec and another AIR 1947 P.C. 44; Gopesh Chandra Pal and another v. Nirmal Kumar Das Gupta AIR 1950 Calcutta 57 and Santosh Kumar and another v. The King AIR 1952 Cal. 193 ref. JUDGMENT ALI SAIN DINO METLO, J.----Two private limited companies, namely, National Management Consultants (Pvt.) Ltd. and National Environmental Consulting (Pvt.) Limited (the applicant), were maintaining their foreign currency accounts in ANZ Grindlays Bank (now Standard Chartered Bank), I.I. Chandrigar Road, Karachi. Dr. Junaid Ahmed was the Chief Executive of National Management Consultant (Pvt.) Ltd. He was also one of the two directors of National Environmental Consulting (Pvt.) Ltd. having '50% shares and power to operate its accounts singly. 2. On written application of Dr. Junaid Ahmed, in the capacity of Chief Executive of National Management Consultants (Pvt.) Ltd., as well as of Syed Munawar Ali, Accountant of the company, a Viza Credit Card, with credit limit of Rs.290,400, was issued to him (Dr. Junaid Ahmed) by the Bank on 27-3-1997. The facility of finance was regularly availed by him. However, in or about the year 2003 some differences arose between him and the bank regarding repayment of the finance. Ultimately, on 26-2-2005, the bank adjusted an amount of US Dollars 6361 from the account of the associated company i.e. the applicant. 3. The applicant did not concede to the bank's lien (under…
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