1992 P Cr (PLP)
Banking Officer, Banking Control Department — Complainant Versus Messrs NATIONAL CORPORATION
| Citation | 1992 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Banking Officer, Banking Control Department — Complainant Versus Messrs NATIONAL CORPORATION |
Q1: What are the key laws and sections cited in 1992 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 P Cr (PLP) (Banking Officer, Banking Control Department — Complainant Versus Messrs NATIONAL CORPORATION). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Ss. 43-A & 83(1-D)
Charge against corporation was that Corporation not being duly authorised company or corporation by capital issues and Corporate Law Authority or Registrar Co-operative Societies, had invited deposits of money from public through advertisements, in. violation of S.27-A of Ordinance, 1962 and thereby had committed offence punishable under S.83(1-D) of same Ordinance
Corporation which had made alleged advertisements for inviting deposits fro in public, admittedly was registered firm with different address and had no concern with "Corporation which had been proceeded against by filing complaint
Complainant admittedly had filed complaint without proper verification and had failed to acknowledge the fact that firm to which notice was issued, was registered one, whereas proceedings were initiated against Corporation which was an unregistered partnership concern and was quite different
Partners of unregistered corporation, were dragged in case unnecessarily and charges against them were groundless.
Judgment & Decree
4. The accused met the charge with .a denial. He did not step, into the witness box and also led no defence.
5. Points for my determination in this case are as follows:- (i) Whether the accused inserted advertisements in Daily `Jang' Karachi, dated 11-2-1988, 22-2-1988 and 24-2-1988 (Exhs:5, 6 and 7)? (ii) Whether the accused invited deposits of money from public through (Exhs.5, 6 and 7), in contravention of the provisions of section 27-A of .the Banking Companies Ordinance, 1962?
6. My findings on the above points are as under:- (i) Not proved. (ii) Not proved.
7. POINTS NOS.1 AND
2. Since the evidence on both these points is common, hence for the sake of convenience they are being discussed together. H. According to the case of the prosecution M/s. National Corporation is an unregistered partnership firm carrying on business at 2-G, Block 11, P.E.C.H. Society, Karachi. The letter of Registrar of Firms dated 12th June, 1988 (Exh.4) makes this position clear. The address of M/s. National Corporation, accused No. 1, shown in complaint (Exh.10) is also at 2-G, Block II, P.E.C.H. Society, Karachi. The advertisements (Exhs.5, 6 and 7) on the basis of which accused Farrukh Kamal Zuberi was prosecuted, however, bear the following address:- "National Corporation (Registered) 826-827, Central Commercial Area, Block No.2, Off Allama Iqbal Road, opposite Jheel Park, P.E.C.H. Society, Karachi, Phone No.444706:" It is thus clear that National Corporation which had made advertisements being a registered firm, with different address had no concern with M/s. National Corporation (unregistered) carrying on business at 2-G, Block 11, P.E.C.H. Society, Karachi. The following admissions made by Muhammad Rafique Khan, Banking Officer (P.W. 1), who is the only witness in this case are self-explanatory:- "The address mentioned in Exh.4 in respect of accused No. l is 2-G, Block 11, P.E.C.H.S. Karachi. There is also mention in it that the Firm is not registered, but it has applied for registration. I sec Exh.5, advertisement made by National Corporation (Registered), 826-827 Central Commercial Areas, Block No.2, Off Allama lqbal Road, Opp. Jhcel Park, P.E.C.H.S. Karachi. I see Exh.8, this notice was sent to National Corporation (Registered) on the address shown on Exh.5 and not on Exh.4. I see Exh.9. This letter was also replied by National Corporation (Registered), showing the same address, which was mentioned in Exhs.5 and
8. We have filed complaint against National Corporation, a partnership firm, carrying on business at 2-G, Block-11, P.E.C.H.S., Karachi and not against the firm, to whom notice was given vide Exh.8. I see the record and say that no advertisement inviting deposit: of money was made by accused No.1."
9. It appears that the State Bank of Pakistan has filed this complaint without proper verification and has failed to acknowledge the fact that the firm to which notice (Exh.8) was issued is National Corporation (Regd.), 826-827, Central Commercial Area, Block 2, Off Allama Iqbal Road, Karachi, whereas the criminal proceedings were initiated against Messrs National Corporation, 2-G, Block 11, P.E.C.H. Society, Karachi, an unregistered partnership concern. Accused Farrukh Kamal Zuberi was thus dragged in this case unnecessarily.
10. Keeping in view the, above facts and circumstances, I am clear in my mind that the charge against accused Farrukh Kamal Zuberi is groundless. He is accordingly acquitted and is discharged from his bail-bond.
11. The case against absconding accused Shaikh Khalid Younus be kept H.B.T./S/843/K Accused acquitted/Order accordingly.