Banking offence

Bank alleged that petitioner had misappropriated or stolen the rice bags and sought direction from Ex-Officio Justice of Peace for registration of F.I.R.

Validity

Financial Institutions (Recovery of Finances) Ordinance, 2001, was a special law and had overriding effect over the provisions of Penal Code, 1860

When Financial Institutions (Recovery of Finances) Ordinance, 2001, itself provided procedure for dealing with matters of civil as well as criminal nature, only Banking Court constituted under Financial Institutions (Recovery of Finances) Ordinance, 2001, had jurisdiction to take action upon criminal acts performed by parties

Provision of S.7(b) of Financial Institutions (Recovery of Finances) Ordinance, 2001, created a prohibition in respect of lodging of criminal case under the provisions of Penal Code, 1860

Ex-Officio Justice of Peace was not within his jurisdiction when he ordered for registration of case against petitioners under the provisions of Penal Code, 1860

Bank had no authority to file application under S.22-A, Cr.P.C., nor Ex-Officio Justice of Peace had any jurisdiction, in presence of Banking Court, to order for registration of case against petitioners

High Court set aside the order passed by Ex-Officio Justice of Peace

Petition was allowed in circumstances.