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2006 SCMR 483

“Perusal of section 7(b) shows that Banking Court is enjoying all powers which are vested in a Court of
Session under Code of Criminal Procedure, 1898. However, these powers are subject to proviso of section
20 of the Ordinance, which provides that Banking Court shall take cognizance only on a complaining in
writing made by a person authorized in this behalf. The proviso of section 20 ibid shows that in case any
offence is committed by the customer, the Baking Court is enjoying exclusive powers for redressal of said
grievance provided the same is filed by an authorized person. Clog of authorization has specially been
made part of statute only curtail frivolous complaint against a customer of the bank. Relationship between
the customer and bank is purely a commercial relation and for smooth working of commercial activities it
has been made obligatory upon the officers of the financial institution first set the authority for proceeding
against the customer for criminal proceedings.”