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MUHAMMAD HASHIM versus PRESIDING OFFICER, SPECIAL BANKING COURT (OFFENCES IN BANKS), SINDH AT KARACHI

Sections 3, 5A and 5B [as amended by the Imports and Exports (Control) (Amendment Ordinance (V 1980 Amendment))] Banks (Special Courts) Ordinance (IX of 1984), Sections 3, 4 , 6 and 6 of the Criminal Code Pakistan (1973), Article 199 Constitutional Application Jurisdiction of the Special Court (Banking) Appellant / Applicant challenged the jurisdiction of the Special Court (Banks in the Banks), It was alleged that he had the most respect. Abuse or fraud against foreign trade counterparts, along with export irregularities. But nothing was on record to show that the bank was involved in any way. In the case, in any way, or in any way connected with the banking business respecting the import / export case, the matter was between the two private parties and the allegations against the applicants, they were not respecting any process which Through it, he committed a fraud on the bank. The Special Court (banking) could not exercise jurisdiction in the circumstances, whereas commercial courts established under the Imports and Exports (Controls) Act of 1950 (as amended) could exercise jurisdiction in this matter, The summary procedure was provided by the banks of the courts. Most of the exports were involved in foreign trade transactions, but the meaning of the special court (banking) or other banking court, and especially in these circumstances, was due to any misconduct or breach of contract by the importer or exporters. Did not come up There was a special forum for dealing with a specific situation, then there was no other forum best advocate from Deh Pathaan lawyer