Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Tuesday, September 26, 2017 07:51:12 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

Football »

Kool-BSJA Media Cup football kicks off


Eight matches of the Kool-BSJA Media Cup football tournament were decided on the opening day at the astro-turf of the Bangladesh Football Federation on Monday, with 24 reputed media houses are participating in the six-a-side tournament. Former national star footballer and Bangladesh Football Federation senior vice president Abdus Salam Murshedy ...

Sports »

Kenya`s Gladys Cherono celebrates after winning the women's race of the 44th Berlin marathon in Berlin, Germany on Sunday.


Entertainment »

After recovery Sheikh Runa wants to return in play direction


Promising play director Sheikh Runa has been passing days on bed at hospital now. On September 8 while returning to Dhaka from Sirajganj she was critically injured in a road mishap. Among 12 out of 14 persons of that microbus were killed in that accident. Fortunately Runa was saved. Now ...

Editorial »

Angela Merkel wins Fourth Term


ANGELA Merkel creates history by winning election fourth time. Her Christian Democratic Union/Christian Social Union (CDU/CSU) had maintained a double-digit lead over the Social Democratic Party (SPD) led by Martin Schulz in opinion polling since the 2013 election. Merkel's conservative bloc won 32.5 percent of the vote, making them the ...

City »

Chief Justice Surendra Kumar Sinha administering oath of office to two newly appointed members of Bangladesh Public Service Commission Nurjahan Begum and Kazi Salahuddin Akbar at the Supreme Court Judges Lounge on Monday.


International »

Abe announces snap election amid worries over N Korea crisis


Reuters, Tokyo :Japanese Prime Minister Shinzo Abe said he would dissolve parliament's lower house on Thursday for a snap election, as he seeks a fresh mandate to overcome "a national crisis".Abe, in power for five years, said he needed a mandate to shift some revenues from a planned future tax ...

Editorial »

Despite repeated global condemnation plight of Rohingyas worsens


THE inflow of Rohingya refugees from violence-torn Rakhine State in Myanmar slowed for the last few days owing to bad weather but thousands have started entering Bangladesh once more. According to news sources, at least 10,000 refugees have arrived in Bangladesh so far since last Saturday. Moreover, Amnesty International has ...

Cricket »

Shane Warne accused of hitting porn star


Former cricketer Shane Warne has been accused of hitting a porn star as a row escalated at a nightclub in Mayfair.Valerie Fox took to Twitter to share pictures of her alleged injuries - including a bruised eye - after the incident."Proud of yourself? Hitting a woman? Vile creature," she tweeted.The ...

Sports »

Member of FIFA Mahfuza Akter Kiron handing over the prize to a winner of the AFC Under-16 Women's Championship at Chonburi in Thailand recently.


Entertainment »

Khurshid Alam to get Lifetime Achievement Award


Entertainment Report :Legendary singer Khurshid Alam will get the Lifetime Achievement Award in this year’s Channel i Music Award. The award giving ceremony will be held on September 29 at Bangabandhu International Conference Center in the city’s Agargaon area. Awards in sixteen categories concerning music will be given in this ...

City »

Bangladesh Government Primary School Employees Welfare Association formed a human chain in front of the Jatiya Press Club on Sunday demanding nationalization of clerical jobs.


Life »

Even refined sugar invites health risks


Life Desk :When the rest of the world is turning their face away from refined or processed sugar, consumers in Bangladesh have been tending to the detrimental food item. Refined white sugar attracts a large proportion of consumers, but domestically made cane sugar cannot take its fancy, though it is ...

International »

Missile strike on US inevitable: N Korean FM


AP, United Nations :North Korea's foreign minister told world leaders Saturday that U.S. President Donald Trump's insult calling leader Kim Jong Un "rocket man" makes "our rocket's visit to the entire U.S. mainland inevitable all the more."Ri Yong Ho called the American president "a mentally deranged person full of megalomania ...

Sports »

Members of BKSP team, who became champion in Under-16 two-day long Judo Competition pose for photo with the trophy and guests at the Shaheed Suhrawardy Indoor stadium in Mirpur on Saturday.


Editorial »

India to supply Myanmar arms!


INDIA has shunned its reputation of being democratic, generous and hospitable country. They have decided to strengthen their security along the largely porous eastern border with Bangladesh and is using "chilli and stun grenades" to block the entry of Rohingya Muslims fleeing from violence in their homeland of Myanmar. Border ...

 
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