100/2022 Cr.Rev ASKARI BANK LIMITED (Applicant) V/S MUHAMMAD FAROOQ & ANOTHER (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 14-NOV-24
It is settled law that when the criminal charges depend on the outcome of the civil cases, proceeding with the criminal case before the civil cases are resolved could potentially harm the accused. Additionally, the amount owed, which is a crucial element in the criminal case, can only be determined in the civil court, and the criminal court is divested from such determination. 19. To establish criminal liability under these sections, it would be necessary to demonstrate that the accused has defaulted on a financial obligation to the bank and has failed to repay the amount due. The specific nature of the breached obligations and representations would need to be examined to determine whether they directly relate to the accused's financial obligations to the bank and whether they constitute a criminal offense under the FIO. Mere breach of a contract or civil obligation, without more, may not necessarily constitute a criminal offense. The prosecution would need to prove that the accused's actions were intentional, dishonest, or fraudulent and that caused significant financial loss to the bank. Additionally, the bank cannot unilaterally determine the amount owed and initiate criminal proceedings as such a proper judicial process is necessary to establish liability and debt amount before criminal charges can be pursued.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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