| Case ID |
36d66970-b470-45bf-bf6e-de4fe93e3181 |
| 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 F.I.R. No.588 dated 28-11-2012 against the petitioner under section 489-F, P.P.C. The court held that the dispute arose between a financial institution and its customer, placing sole jurisdiction with the Banking Court as stated in the Financial Institutions (Recovery of Finances) Ordinance, 2001. The court ruled that the prosecution of the petitioner under the Pakistan Penal Code was an abuse of process and without lawful authority, emphasizing that financial institutions are debarred from pursuing criminal charges under section 489-F for dishonoured cheques related to loan repayments. The ruling reinforced the legal framework governing financial transactions and the appropriate channels for dispute resolution. |
| Summary |
This case revolves around the quashing of an F.I.R. filed against the petitioner for dishonouring a cheque issued as repayment for a loan. The Islamabad High Court analyzed the jurisdictional boundaries established by the Financial Institutions (Recovery of Finances) Ordinance, 2001, which governs disputes between financial institutions and their customers. The court emphasized that such disputes should be addressed within the framework of the Banking Court, rather than through criminal proceedings under the Penal Code. The judgment highlighted the importance of upholding the integrity of financial regulations while ensuring fair treatment for customers. This case serves as a pivotal reference for legal practitioners navigating financial disputes, reinforcing the need for adherence to established legal protocols and the proper jurisdiction for resolving such issues. |
| Court |
Islamabad High Court
|
| Entities Involved |
Bank,
Financial Institution
|
| Judges |
MUHAMMAD ANWAR KHAN KASI, J
|
| Lawyers |
Yasir Tanveer Awan,
Imran Ali Khan
|
| Petitioners |
ABID MAHMOOD MALIK
|
| Respondents |
others,
STATION HOUSE OFFICER, POLICE STATION MARGALLA
|
| Citations |
2013 SLD 2093 = 2013 CLD 508
|
| Other Citations |
PLD 2009 Lah. 541,
2009 PCr.LJ 325,
2010 YLR 547,
2009 CLD 1422,
2010 CLD 344,
2010 PCr.LJ 412,
2009 CLD 1149,
2011 CLD 1539,
2012 MLD 1551,
2012 PCr.LJ 1890,
2006 CLD 625,
2010 CLD 10
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Penal Code, 1860
|
| Sections |
20,
7,
489-F
|