Registration of this criminal case to cause pressure for the recovery of the remaining amount which is subject matter of the execution petition

5. There is nothing on record to establish that the petitioners have caused any loss to the bank. The prosecution has also failed to point out that why the bank guarantee was required to the bank. Prima facie, it appears that the bank upon failure to comply with the terms and conditions of settlement agreement lodged this case against the petitioners just to effect the recovery as initially Allied Bank Ltd. has verified the bank guarantee but later on denied the same but no investigation is conducted against the officials of Allied Bank Ltd. in this regard. Even otherwise, there is no occasion to defraud the bank as the bank guarantee was issued in favour of the petitioners on 25.9.2013 which is to be expired on 25.8.2014. Before the expiry of said bank guarantee, the complainant bank did not proceed against the actual culprits and it was the first time when the complainant was filed on 11.10.2014 and that was after the expiry of the bank guarantee. This clearly reflects that there is no mala fide on the part of the petitioners rather it was a negligent attitude of the bank itself, which clearly manifests the mala fides of the bank to entangle the petitioners through the registration of this criminal case to cause pressure for the recovery of the remaining amount which is subject matter of the execution petition. Guidance is sought from the judgment of Hon’ble Supreme Court of Pakistan in case titled Ch.Abdul Malik v. The State (PLD 1968 Supreme Court 349). Furthermore, the investigation in this case has not properly been conducted with respect to obtain the bank guarantee. The Investigating Agency failed to thrash out the matter regarding alleged forged documents so as to determine the authenticity of the same. The police record is also silent with regard to sending the signatures of bank officer to Forensic Science Agency for comparison, which makes the case doubtful. The liability, if any, on the part of the petitioners would be determined during the trial after recording prosecution evidence.  

 Part of Judgment

IN THE LAHORE HIGH COURT LAHORE

Criminal Miscellaneous (Bails)
10140-B-15

2015 LHC 6622