1994 P Cr (PLP)

S. 83(1-B)

Firm of the accused was tentatively found by State Bank to be doing banking business illegally and was proceeded against on the complaint filed under S.83(1-B) of the Banking Companies Ordinance, 1962, for having contravened the provisions of S.27-A of the said Ordinance

Accused who was one of the partners of the firm voluntarily pleaded guilty to the charge and was convicted accordingly

Accused had been appearing in Court regularly and had pleaded guilty and as such deserved to be treated leniently

Accused was sentenced to suffer imprisonment till rising of the Court and to pay a fine of Rs.6,000 in circumstances. Ainuddin Khan for the Complainant. Syed Zia-ul-Haq for the Accused. Date of hearing: 24th November, 1993. Complainant State Bank of Pakistan filed this case against Inumullah Memoir, Hazoor Bux and Niaz Ahmed Siddiqui for the offence punishable under section 83(1-B) of the Banking Companies Ordinance, 1962. Allegation against the accused was that they were partners of Messrs Allied Syndicate (Registered) a partnership firm which was doing banking business illegally. The State Bank of Pakistan made enquiries against said firm and came to the tentative conclusion that said firm was doing banking business. The State Bank of Pakistan filed application NoJ.M. 34 of 1988 for winding up of said firm and such order was passed on 13-11-1988. One of the accused namely Inamullah Memon appeared in the Court while rest of the accused appeared to have absconded. On 2-11-1992 the case was ordered to proceed against accused Inamullah Memon and the evidence to be recorded, was to be treated as evidence against remaining accused also under section 512, Cr.P.C. The evidence has, however, not been recorded. Today applicant Inamullah Memon appeared in the Court and moved an application that he was pleading guilty and that his plea be recorded. Consequently an amended charge was framed against accused Inamullah Memon for the offence punishable under section 83(1-B) of said Ordinance read with section 27 of the said Ordinance. Accused Inamullah Memon pleaded guilty to the charge voluntarily and in open Court. I accept the plea of accused Inamullah to be voluntary and convict him for the offence punishable E under section 83(1-B) of said Ordinance for having contravened the provisions of section 27-A of said Ordinance. Said accused has acted differently from rest of the accused and he has been attending this Court on each date of hearing and he deserves being shown leniency. Learned counsel for the complainant stated at the Bar that the interests of justice would be fully met if a sentence of fine is imposed instead of sentence of imprisonment. Contravention of section 27-A is punishable under subsection (1-B) of section 83 with imprisonment for five years and with fine. In the circumstances accused Inamullah Memon is sentenced to suffer imprisonment till rising of the Court and to pay a fine of C Rs.6,000 or in default of payment of fine to undergo simple imprisonment for a period of six months. N.H.Q./S-1053/K Order accordingly.