Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Sunday, February 25, 2018 07:32:31 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Circumstances leading to presumed delivery of letters, notice or summon

By
09th-Sep-2017       
Comments
Share your thought
Post a comment »
Read all () »

(From previous issue) :
43. In the case of Md Kamal Uddin @ Md Kamal Ahmed vs Md Mezbah Uddin reported in XI ADC 2014, it is held that:-
"A criminal proceeding shall not be stifled before trial, when there was a prima  facie case for going to the trial........
"With regard to the submission that the Assistant Sessions Judge does not have jurisdiction to hear the matter, we may refer to the provisions of the Code of Criminal Procedure (the Code) which provides in Section 6 that, apart from the Supreme Court and Courts constituted under any other law, there shall be two classes of criminal courts, namely courts of Sessions and Courts of Magistrate. An Assistant Sessions Judge or Joint Sessions Judge as mentioned in Section 9(3A) of the Code is also a Judge of the Court of Sessions. Section 141(c) provides that no court inferior to that of Court of Sessions shall try any offence punishable under Section 138.
The Section does not say that any case under Section 138 may not be tried other than by the Sessions Judge. The Court of Assistant Sessions Judge is also a Court of Sessions and, as such, there is no illegality in the trial continuing before the Court of Assistant Sessions Judge. Moreover, we may refer to a decision of this Division in the case of MK Bazlur Rahman vs Md Johurul Haque reported in VI ADC (2009), 809, where this Division affirmed the judgment of the High Court Division.
44. In the case of Abdul Alim vs Biswajit Dey reported in 59 DLR 236 where it is held that:-
"The submissions made is not sustainable either in law or on the facts of the given case. The offence under Section 138 of the Act can be completed with the concentration of a number of facts i.e. (i) drawing of the cheque, (ii) presentation of the cheque, (iii) returning of the cheque unpaid by the drawee bank, (iv) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (v) failure of the drawer to make payment within 15 days of receipt of the notice. As per provisions of sections 177, 178, 179 and 180 of the Code of Criminal Procedure if the aforesaid five different acts were done in five different localities any of the courts exercising jurisdiction in one of the five local areas can become the place of trial for the offence under Section 138 of the Act and complainant can choose anyone of the courts in whose jurisdiction any of the 5 components of the said offence was done. The legal notice was issued from a lawyer at Chittagong District Bar and the complainant, for encashing the cheques, presented the same at a bank at Chittagong. As such, on the ground of initiating the proceeding at Chittagong this proceeding cannot be quashed."
45. In the case of Sarwar Hossain Moni (Md) vs State reported in 66 DLR (AD) 283 where our apex court held that:-
''It is true that in the judgment sought to be reviewed, there has been no detailed discussions as to the point raised before the High Court Division that the respective petition of complaint having been filed before expiry of the statutory period as stipulated in clause (c) of the proviso to Section 138(1) of the Act, 1881, was barred by law, this division having affirmed the judgment and order passed by the High Court Division which took the view that though the respective petition of complaint was filed before expiry of thirty days from the date of receipt of the notice issued under clause (b) of the proviso to Section 138, was maintainable in law, in fact, gave the answer. Be that as it may, since in these review petitions, specific question has been raised to the above effect, we need to answer the same with reference 10 clause (c) of the proviso to Section 138 of the Act, 1881 read with Section 141 thereof."
46. On perusal of the application under Section 561A of the Code of Criminal Procedure and the counter affidavit filed by the opposite party No.2 and the citations as referred by the learned Advocate for the opposite party No.2. We find no merit in the submissions of the learned Advocate appearing for the petitioner on the contrary we find merit in the submissions of the learned Advocate appearing for the opposite party No. 2 and the citations as referred by the learned Advocate for the opposite party No. 2 are fully applicable in the facts and circumstances of the present case. We find no merit in these rules and, as such, both the rules are devoid of any substance.
47. In the result, both the rules are hereby discharged without any order as to cost. The order of stay as granted at the time of issuance of the rule is hereby re-called and vacated. The learned Joint Metropolitan Sessions Judge, 7th Court, Dhaka is hereby directed to dispose of the CR Case No. 321 of 2011 now pending in the 7th Court of Joint Metropolitan Sessions Judge, Dhaka expeditiously as far as practicable preferably within six months from the date of receipt of a copy of this judgment positively.
The office is hereby directed to transmit a copy of this judgment to the concern Court forthwith for information and necessary action.
(Concluded)

Tariff
Add Rate

News Archive

Inside The New Nation

International »

New strikes hit Syria enclave after UN delays truce vote


AFP, Beirut  :Air strikes and rocket fire hit the Syrian rebel enclave of Eastern Ghouta for a seventh straight day on Saturday after the United Nations again delayed a vote on a ceasefire.The Damascus government launched a devastating bombardment of the enclave just outside the capital last Sunday that has ...

Editorial »

More vigilance at Rohingya camps against human traffickers


Aid workers have identified 32 victims of human trafficking so far at Rohingya camps in Cox's Bazar and also reported lack of access to basic services and self-reliance opportunities - especially for women and girls increasing the risk of trafficking. If such risks were assessed from the very beginning when ...

Sports »

Canadian Prime Minister Justin Trudeau takes part in a hockey event with Hayley Wickenheiser (not pictured) and the Indian women's national ice hockey team at the Canadian High Commission of Canada in New Delhi, India on Saturday.


Sports »

Medalist in the men's parallel giant slalom (from right) South Korea's Lee Sangho (silver), Switzerland's Nevin Galmarini (gold) and Slovenia's Zan Kosir (bronze) pose during their medals ceremony at the 2018 Winter Olympics in Pyeongchang, South Korea on Saturday.


Entertainment »

Sunny Leone on her Tamil film debut: I'm beyond excited to start shooting


Former adult film actress Sunny Leone made a swift move into the Hindi film industry in 2012. And now the Indo-Canadian actress is all set to make her debut in a Tamil film. She says south Indian films would help her grow as a person and an actress. Sunny, whose ...

City »

Poet Abdul Hai Shikder along with others holds the copies of a book titled 'Aroni' written by Latiful Khabira at its cover unwrapping ceremony in the city's Suhrawardy Udyan on Saturday.


Editorial »

Indian Army Chief`s allegation means complicity of government of Bangladesh


REMARKS by Indian Army Chief, Gen. Bipin Rawat on Thursday that a 'planned influx' of people from Bangladesh into India's north-east is underway as part of a proxy war by Pakistan with support from China, so to keep the area disturbed. Moreover, he also said migration from Bangladesh are happening ...

Sports »

Bronze medalist in the women`s Big Air snowboard Synnott Zoi Sadowski of New Zealand, poses during the medals ceremony at the 2018 Winter Olympics in Pyeongchang, South Korea on Thursday.


.

Entertainment »

Priyanka Chopra terminates contract with Nirav Modi, not suing him yet


Priyanka Chopra has decided to cut ties with billionaire diamond trader Nirav Modi's brand following the news about the alleged banking fraud carried out by him. "In the light of recent allegations, Priyanka Chopra has chosen to terminate her contract with the Nirav Modi brand," a spokesperson of Priyanka, who ...

City »

BNP Standing Committee Member Barrister Moudud Ahmed speaking at a protest rally organised by Khaleda Zia Mukti Parishad at the Jatiya Press Club on Friday demanding release of BNP Chairperson Begum Khaleda Zia.


.

International »

Ex-Trump campaign associates face more charges


AP, Washington  :Dramatically escalating the pressure and stakes, special counsel Robert Mueller filed additional criminal charges Thursday against President Donald Trump's former campaign chairman and his business associate.The filing adds allegations of tax evasion and bank fraud and significantly increases the legal jeopardy facing Paul Manafort, who managed Trump's campaign ...

Front Page »

Amnesty accuses President Trump of HR violations


Human rights group Amnesty International has accused Donald Trump of "hateful" politics and of being a threat to human rights. "President Trump takes actions that violate human rights at home and abroad," the group said. Amnesty put Mr Trump in the same group as the leaders of Egypt, Russia, China, ...

Editorial »

Serving people not making money must be the motto


PHYSICIANS must provide treatment, President Abdul Hamid said to common people at affordable cost so that no one remained deprived of receiving treatment for lack of money. He made the call while addressing the third convocation of Bangabandhu Sheikh Mujib Medical University in the city on Monday. He has also ...

Sports »

Karolina Pliskova of Czech Republic celebrates after she beats Carla Suarez Navarro of Spain during the Dubai Duty Free Tennis Championship in Dubai, United Arab Emirates on Wednesday.


Entertainment »

Alicia Vikander loves `big adventure films`


Oscar-winning actress Alicia Vikander said she loves "independent and arthouse" cinema, but is also attracted towards the big adventure films.The actress, who will be soon seen as Lara Croft in the forthcoming film 'Tomb Raider', also shared that she found training and muscle-building exercise for the role, empowering. "My mother, ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news