| Case ID |
09d5f3dc-9e87-46cd-8437-979e0a1d6178 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 22-Q of 2012 |
| Decision Date |
Jan 29, 2013 |
| Hearing Date |
|
| Decision |
The Islamabad High Court quashed the FIR against the petitioner under section 489-F of the Pakistan Penal Code, stating that the dispute was a matter between a financial institution and its customer, which falls under the jurisdiction of the Banking Court as per the Financial Institutions (Recovery of Finances) Ordinance, 2001. The court emphasized that the special enactment has an overriding effect on ordinary law, hence prosecution under the Penal Code was an abuse of process. The court concluded that the financial institution could not invoke section 489-F for dishonoured cheques related to loans, and only remedies were available through the provisions of the Ordinance. Therefore, the FIR was quashed, and no costs were awarded. |
| Summary |
In this case, the Islamabad High Court addressed the implications of dishonoured cheques issued in the context of financial transactions between a customer and a financial institution. The petitioner sought to quash an FIR lodged against him under section 489-F of the Pakistan Penal Code, arguing that the matter should be adjudicated under the Financial Institutions (Recovery of Finances) Ordinance, 2001, which provides specific remedies for such disputes. The court found that the Ordinance, being a special law, supersedes the general provisions of the Penal Code, thereby preventing the financial institution from pursuing criminal charges based on the dishonouring of cheques. This decision reinforces the principle that financial disputes should be resolved through the mechanisms established within the special law, promoting efficiency and jurisdictional propriety in financial matters. The ruling serves as a significant precedent in cases involving dishonoured cheques and the jurisdictional boundaries of financial institutions and criminal law. |
| Court |
Islamabad High Court
|
| Entities Involved |
Financial Institution,
Police Station Margalla
|
| Judges |
MUHAMMAD ANWAR KHAN KASI, JUSTICE,
ABID MAHMOOD MALIK
|
| Lawyers |
Yasir Tanveer Awan for Petitioner,
Shabbir Ahmad Abbasi, Standing Counsel with Imran Ali Khan for the Complainant/Respondent No.3
|
| Petitioners |
|
| Respondents |
S.H.O., POLICE STATION MARGALLA AND OTHERS
|
| Citations |
2013 SLD 1286,
2013 MLD 736
|
| Other Citations |
PLD 2009 Lahore 541,
2009 PCr.LJ 325 (D.B.),
2010 YLR 547,
2009 CLC 1422,
2010 CLD 344,
2010 PCr.LJ 412,
2009 CLD 1149,
2011 CLD Lahore 1539,
2012 MLD Sindh 1551,
2012 PCr.LJ Sindh 1890
|
| Laws Involved |
Pakistan Penal Code, 1860,
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
|
| Sections |
489-F,
20,
7
|