PAKISTAN MICROFINANCE BANK LIMITED vs FEDERATION OF PAKISTAN Ss — 2022 CLD 894 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLD 894 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLD
Parties: PAKISTAN MICROFINANCE BANK LIMITED vs FEDERATION OF PAKISTAN Ss
Subject matter: Criminal
Provisions referred to: S. 409---F; S. 3; S. 409; Penal Code (XLV of 1860); Microfinance Ordinance; Federal Investigating Agency Act

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

PAKISTAN MICROFINANCE BANK LIMITED VS FEDERATION OF PAKISTAN Ss. 3, 22 & 28---Penal Code (XLV of 1860), S. 409---Federal Investigating Agency (Enquiries and Investigation) Rules, 2002, R. 5---Criminal breach of trust---Inquiry into offence---Microfinance Bank, action against---Petitioner assailed inquiry proceedings on a complaint of selling gold of complainant---Petitioner contended that the company was a Microfinance Institution and not Microfinance Bank---Validity---Provisions of Microfinance Ordinance, 2001 did not have overriding effect on other laws--- Alleged offence was not recognized as a contravention within its pale of jurisdiction so as to extend protection to petitioners under S. 3 of Microfinance Ordinance, 2001---Allegations against petitioners constituted offence under S. 409, P.P.C. which was scheduled offence under Federal Investigating Agency Act, 1974---Procedure to be followed in the wake of some contraventions cognizable and punishable was provided in Ss. 22 & 28 of Microfinance Ordinance, 2001 and not the offences defined in other laws including allegations of fraudulently usurpation of gold kept as trust by an entity professing to be Microfinance Bank---High Court declined to interfere in inquiry proceedings initiated by Federal Investigating Agency against petitioners---Constitutional petition was dismissed, in circumstances.

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