Criminal Prosecution

No prohibition placed under S. 20(4) of Financial Institutions (Recovery of Finances) Ordinance, 2001, on setting into motion of criminal prosecution under general law and registration of cases under Penal Code, 1860.

Proceedings under any other law are not prohibited under S. 20(4) of Financial Institutions (Recovery of Finances) Ordinance, 2001, it merely confers jurisdiction on Banking Court with regard to offences mentioned in Financial Institutions (Recovery of Finances) Ordinance, 2001.

Delay per se no ground for holding that no offence committed. `

Not to interfere with proper rights or liberties of citizens.

Jurisdiction - Special tribunal created for trial of offence-That tribunal alone competent to try such offence.

Criminal Prosecution Criminal prosecution-Delay-View that time is of essence for competency of a criminal prosecution-No longer accepted as of universal application-Distinction to be drawn between delay in investigation and delay during trial of case.

Proceedings dropped by Government on accused's fuelling certain conditions-Government not precluded from re-starting prosecution.

Criminal Prosecution Criminal prosecution-Company or corporation whether and when can 6e prosecuted criminally-Electricity Act (IX of 1910), S. 42.

Parties -Crown and accused -Whether "Society" to be considered as a "third party" -Crown, embodiment of State. Parties -Crown and accused -Whether "Society" to be considered as a "third party" -Crown, embodiment of State.