UNITED BANK LIMITED vs GHULAM NABI SHEIKH Ss — 2024 CLD 864 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 CLD 864 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: CLD
Parties: UNITED BANK LIMITED vs GHULAM NABI SHEIKH Ss
Subject matter: Banking
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

UNITED BANK LIMITED VS GHULAM NABI SHEIKH Ss.20 (4) & 22---Default in repayment of finance---Dishonoring of cheque---Pre-condition---Private complaint, dismissal of---Appellant / bank was aggrieved of dismissal of private complaint by Banking Court filed against respondent / accused for dishonoring of cheque presented for repayment of finance---Validity---Requirement of S.20(4) of Financial Institutions (Recovery of Finances) Ordinance, 2001, was different than gist of complaint filed by appellant / bank---Section 20(4) of Financial Institutions (Recovery of Finances) Ordinance, 2001, only enabled the Banking Court to frame punishment if customer / whosever, breached the terms by "dishonestly issuing cheques" towards repayment of finances or fulfilment of such obligation which was / were dishonored---Prime consideration for Court was to see whether element of dishonesty was involved or not and the later part was only consequential---Burden to prove such element of dishonesty was upon complainant which was lacking in the present complaint---There was no evidence to demonstrate such "dishonest intention" of alleged accused, even if charge was to be altered---It was not a civil case of recovery under banking jurisdiction that preponderance or cumulative effect was to be given for recovery proceedings; the process in the present case was criminal intent which led to punishment where intent of dishonesty was inevitable---High Court declined to interfere in order passed by Banking Court---Appeal was dismissed, in circumstances.

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