Financial Institutions (Recovery of Finances) Ordinance, 2001 and Penal Code, 1860 were different

-    Object and reasons for enacting Financial Institutions (Recovery of Finances) Ordinance, 2001 and Penal Code, 1860 were different---Cheques issued by customer to Leasing Company in connection with lease of vehicle were dishonoured---Leasing Company got registered F.I.R. against the customer---Validity---Lessee of the vehicle was a “customer” within the meaning of S.2(c) of the Financial Institutions (Recovery of Finances), Ordinance, 2001 and case of lessee clearly fell within the ambit of provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001---Section 7, Financial Institutions (Recovery of Finances) Ordinance, 2001 had conferred criminal jurisdiction to the Banking Court, to try offences punishable under the Ordinance---Whenever an offence was committed under S.20(4) of the Ordinance, Banking Court would take cognizance upon a complaint filed by the authorized person and complaint would be tried by concerned Banking Court, appeal against which was provided before High Court---F.I.R. against the customer under S.489-F, P.P.C. or allowing the same to exist was only wastage of time and abuse of process of law---High Court allowed the constitutional petition of the customer and directed the police not to take law in its own hands in cases covered within the ambit of Financial Institutions (Recovery of Finances), Ordinance, 2001---Principles.

Malik Tariq Mehmood    Versus     Askari Leasing Ltd.
2009 C L D 1422.
Lahore High Court, Lahore.