2011 PCr (PLP)

MANSOOR AKBAR KOKAB, J.

As per F.I.R. registered with Police Station Civil Line, District Faisalabad, dated 12-11-2010, on the written complaint of Zahid Bashir, Branch Manager Faysal Bank Ltd., Faisalabad, the complaint was lodged to the effect that certain persons attempted to encash a forged cheque but failed and upon apprehending during investigation they disclosed the number of persons involved in said business i.e. encashment of fake and forged cheques after preparation of the same. Admittedly during investigation the net was widen and even at least the one bank official was roped into.

2. The learned counsel for the complainant objects the jurisdiction of this court to deal with the present bail application contending that- as the matter relates to bank, therefore, the Special Court constituted under 16 section 3 of the Offences in Respect of Banks (Special Court) Ordinance 1984, have the exclusive jurisdiction and. the present court may not deal with the matter.

3. Learned counsel for the petitioner relying upon 1986 PCr.LJ 567, pleads that encashment of a cheque even from the account of a 3rd party is not a business relating to the Bank as suffer would be a third party.

4. As per definition of scheduled offences as incorporated under section 2(d), the same has been defined as: "Scheduled Offence" means an offence specified in the First Schedule and alleged to have been committed in respect, or in connection with the business, of a bank."

5. The word "Bank" and the word "Business" have been made to be linked with the words "in connection with", while the same has been previously explained in the annexed sentence words, "committed in respect". Business does implicate the transaction conducted by a private person irrespective of involvement of some Bank Officer, whereas the word, "committed in respect or words in connection with", read with word "Bank" clarifies that if private person commits some offence with regard to dealing with the Bank, the same would be covered under the said clarification provided the offence has been mentioned in the First Schedule as a specified one. The presentation of a forged cheque to a Bank and attempt to get it encashed definitely indulge the Bank to do the business of transaction of money from one account to another and thereby the Bank is involved. It means that any offence if a scheduled offence, is committed or alleged to has been committed by a private person dealing with the business of a Bank would fall within the definition of 2(d) of the Ordinance 1984 referred hereinabove. The court lacks the jurisdiction to deal with the present bail application, which is hereby returned and the applicant may adopt the appropriate remedy before the appropriate court. H.B.T./F-3/L Order accordingly.