Dishonouring of cheques
Dishonouring of cheques legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
To constitute an offence, dishonesty on the part of person issuing cheque is pre-condition towards repayment of amount or fulfilment of an obligation.
Ex-Officio Justice of Peace, on application filed by complainant bank, directed police to record statement of complainant and proceed in accordance with law
Grievance of petitioner was that no criminal case could be registered against him
Validity
Jurisdiction was only with Banking Court established under Financial Institutions (Recovery of Finances) Ordinance, 2001, and not before any other court until and unless the same was provided by law, by which financial institution was established
If Legislature had any intention, it could have, at the very beginning formulate or afterwards could amend Financial Institutions (Recovery of Finances) Ordinance, 2001, in such a manner so as to bring the offence within definition of "cognizable" offence
When amendment was not made in Financial Institutions (Recovery of Finances) Ordinance, 2001, Legislators explicitly made their intention clear that with regard to matters between financial institutions and their customers, therefore, such enactment would hold the field and S.489-F, P.P.C. would be applicable to all other persons in general except those covered by Financial Institutions (Recovery of Finances) Ordinance, 2001
Purpose by not amending Financial Institutions (Recovery of Finances) Ordinance, 2001, was that normally in any case of loan from financial institution, loans were protected by mortgage, warranties and covenants with regard to ownership, mortgage, pledge, hypothecation or assignment of or other charges on assets or properties and financial institution could recover the amount by adopting appropriate process under any of such modes
High Court set aside order passed by Ex-Officio Justice of Peace
Petition was allowed accordingly.
"Dishonouring of cheques", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124944323
Precedents & Case Laws citing "Dishonouring of cheques"
1981 C L C 430
MOHAMMADI UTENSIL PRODUCTS‑Plaintiff Versus SHAMASUDDIN ALIBHOY‑Defendant
Court:2010 S C M R 806
MUHAMMAD SULTAN — Appellant Versus THE STATE — Respondent
Court: Supreme Court of Pakistan2010 M L D 1063
MUHAMMAD RIAZ — Petitioner Versus THE STATE and another — Respondents
Court: Lahore2008 C L D 51
Syed AIJAZ HUSSAIN — Plaintiff Versus Syed ABDUL AZEEM — Defendant
Court: Karachi2008 C L C 41
Syed AIJAZ HUSSAIN — Plaintiff Versus Syed ABDUL AZEEM — Defendant
Court: Karachi2013 C L C 767
BOC PAKISTAN LIMITED — Plaintiff Versus NATIONAL GASES (PVT.) LIMITED — Defendant
Court: Sindh2013 C L D 898
BOC PAKISTAN LIMITED — Applicant Versus NATIONAL GASES (PVT.) LIMITED — Respondent
Court: Sindh1991 S C M R 836
THE FEDERATION OF PAKISTAN and another — Appellants Versus ATIQUR REHMAN OAZI — Respondent
Court: ---- Dishonouring of cheque of customer---Damages---Post Office which acts as a banker also, cannot take up the position that it can dishonour a cheque issued by a customer without any valid reason or when the customer wants to withdraw money out of his account, the post office can issue its own cheque which can be dishonoured and, in either of the situations, the post office is not liable for damages to the customer---If no valid reason is given for dishonouring the cheque and sufficient amount is available in the customer's account to cover the cheque, the post office or the bank, would be liable for damages to the customer: --Damages.2021 Y L R 1436
TOTAL PARCO PAKISTAN LIMITED through Authorised Officer — Petitioner Versus JUSTICE OF PEACE/ADDITIONAL SESSIONS JUDGE (WEST), ISLAMABAD and 2 others — Respondents
Court: Islamabad2006 Y L R 406
MAZHAR IQBAL — Petitioner Versus THE STATE — Respondent
Court: Lahore