S.Q. CORPORATION vs FEDERATION OF PAKISTAN through Secretary Internal Affairs, Government of Pakistan, Islamabad Ss — 2022 CLD 128 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 CLD 128 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: CLD
Parties: S.Q. CORPORATION vs FEDERATION OF PAKISTAN through Secretary Internal Affairs, Government of Pakistan, Islamabad Ss
Subject matter: Criminal
Provisions referred to: S. 20

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

S.Q. CORPORATION VS FEDERATION OF PAKISTAN through Secretary Internal Affairs, Government of Pakistan, Islamabad Ss. 8, 9 & 20--- Financial Institutions (Recovery of Finances) Rules, 2018, R. 5---Quashing of criminal proceedings---Wilful default, investigation of---Determination of liability---Petitioners availed finance facility but due to their failure to repay within time, respondent Bank filed complaint with Federal Investigation Agency to investigation offence of wilful default---Plea raised by petitioners was that before determination of liability under civil law, criminal proceedings of wilful default could not be initiated---Validity---Federal Investigation Agency was empowered under Financial Institutions (Recovery of Finances) Rules, 2018, to investigate complaints filed by financial institutions in the matters of wilful default in adjustment of any financial liability---Offence of wilful default under S. 20(8) & (9) of Financial Institutions (Recovery of Finances) Ordinance, 2001, was a cognizable and non-bailable in nature and could be tried by Banking Court constituted under Financial Institutions (Recovery of Finances) Ordinance, 2001---Jurisdiction of Federal Investigation Agency was not precluded from conducting inquiry on complaint filed by respondent Bank---Complaint filed by respondent Bank was pre-mature as the same was filed prior to fixation of civil default---High Court quashed the complaint as suit for recovery of finance was pending before High Court---Respondent Bank could file fresh complaint after the suit was decided and liability of default was fixed against petitioners and only then Federal Investigation Agency was empowered under R. 5 of Financial Institutions (Recovery of Finances) Rules, 2018 to conduct inquiry on the complaint---Constitutional petition was allowed, in circumstances.

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