Law: Criminal Procedure Code (V of 1898)

Section: 540

(a) Criminal Procedure Code (V of 1898)----S.540---Interpretation of S.540, Cr.P.C.---Section 540, Cr.P.C. consists of two parts---First part gives discretionary power to Court to summon any person or witness while the second part makes obligatory for the Court to summon, examine and recall any such person, if his evidence appears essential for just decision of case. (b) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)--S.19---Criminal Procedure Code (V of 1898), S.540--­Constitution of Pakistan (1973), Art.199---Constitutional petition---Complaint under S.19 of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997---Banking Court accepted application, filed by the complainant for summoning a witness, whose name did not find mention in complaint or list of witnesses attached thereto--Validity---Such witness was not in existence at the time of filing of complaint---Evidence of such witness was necessary to resolve controversy between parties---Banking Court had passed impugned order keeping in view provisions of S.540, Cr.P.C., which were fully applicable--­Substantial justice had been done between the parties--­No infirmity or illegality was found in the impugned order---High Court refused to exercise discretion in favour of petitioner and dismissed 'Constitutional petition. Syed Saeed Muhammad and another v. The State 1993 SCMR 550; Muhammad Rauf Awan v. The State and others 1992 PCr.LJ 729; Muhammad Yousaf v. Ghulam Rafiq and 2 others 1989 PCr.LJ 1734; Imam Hanif v. Tufail and 3 others 1989 PCr.LJ 1518 and Nawab Syed Raunaq Ali's case PLD 1973 SC 236 rel. (c) Constitution of Pakistan (1973)--- ----Art.199---Constitutional jurisdiction of High Court--­Discretionary in character. ORDER The brief facts out of which present writ petition arises are that respondent No. 1 filed a complaint under section 19 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 before the Judge Banking Court No. 1, Faisalabad. Respondents filed an application for summoning of witnesses before the Judge Banking Court-I, Faisalabad, who accepted the same vide order dated 17-4-2003. The…

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