Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Thursday, January 24, 2019 09:32:51 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Penal consequences for dishonour of cheque

By
11th-Aug-2018       
Comments
Share your thought
Post a comment »
Read all () »

High Court Division :
(Criminal Appellate Jurisdiction)
Md Rais Uddin J
Mohiuddin Chowdhury (Md) ..................     Accused-Appellant
vs State and another......................Respondents
Judgment
February 28th, 2018
Negotiable Instruments Act (XXVI of 1881)
Sections 138(1) and 141
Certain conditions precedent are stipulated in the provision of Section 138(1) of the Act which are to be complied with before imposing any criminal liability to the drawer. From the scheme of the Act, it is clear that following the dishonour of cheque a notice is to be issued in writing to the person who has issued the cheque inviting his attention to the  fact that the cheque has been issued for reason stated in the return memo and that he is liable for penal consequences under Section 138 read with Section 141 of the Act. .......(14)
None appears -For the Accused-Apellant.
Md Jainul Abedin (Sajib), Advocate-For the Complainant. Respondent
Shafiul Bashar Bhandary DAG with Sayeda Sabina Ahmed (Molly), AAG -For the State.
Judgment
This appeal is directed against the judgment and order of conviction and sentence dated 20-8-2015 passed by the learned Sessions Judge and Special Tribunal-I, Cox's Bazar in ST Case No. 1014 of 2015 arising out of CR Case No. 866 of 2014, convicting the accused-appellant under Section 138 of the Negotiable Instruments Act, 1881 and sentencing him to suffer simple imprisonment for a period of 1 (one) year and to pay a fine of Taka 30,00,000 (thirty lacs) only.
2. The prosecution case, in short, is that the respondent Md. Harunur Rashid being complainant filed the CR case No. 866 of 2014 before the learned Senior Judicial Magistrate Court-04, Cox's Bazar against the accused-appellant under Section 138 of the Negotiable Instrument Act, 1881 alleging inter alia that the accused-appellant issued three cheques to the respondent for paying his unpaid amount Taka 15,00,000 (fifteen lacs) at different times. The said three cheques Nos. are (1) IBE-7481376, Saving Account No. 4705, dated on 15-12-2013 and the amount of Taka 7,00,000 (seven lacs), (2) IBE-7481377, Saving Account No. 4705, dated on 20-12-2013 and the amount of Taka 5,00,000 (five lacs), (3) IBE-7481378, Saving Account No. 4705, dated on 30-12-2013 and the amount of Taka 3,00,000 (three lacs), lslami Bank Bangladesh Limited, Cox's Bazar Branch, Cox's Bazar, in total amount of Taka 15,00,000 (fifteen lacs) only. Thereafter, the complaint deposited the cheques on 12-6-2014 for encashment to the concerned bank namely lslami Bank Bangladesh Limited, Cox's Bazar Branch, Cox's Bazar, which was dishonoured due to insufficient of fund. The complainant sent legal notice on 19-6-2014 to the accused-appellant through his engaged lawyer with registered post and published in the Daily Cox's Bazar. But the accused-appellant did not take any step to pay the money. Hence, the case.
3. Upon receipt the petition of complaint the learned Senior Judicial Magistrate, Cox's Bazar examined the complainant under Section 200 of the Code of Criminal Procedure and took cognizance against the accused-appellant under Section 138 of the Negotiable Instruments Act, 1881.
4. The case record was transmitted to the learned Sessions Judge, Cox's Bazar where it was registered as Sessions Trial No. 1014 of 2015. The learned Sessions Judge framed charge against the accused-appellant under Section 138 of the Negotiable Instruments Act, 1881 in absence of the accused-appellant.
5. At the trial, the prosecution has examined as many as 2 (two) witnesses while the defence examined none in support of their respective cases.
6. On conclusion of trial the learned Judge of the trial court considering the evidence and materials on record found the accused-appellant guilty under Section 138 of the Negotiable Instruments Act and sentenced him as stated above.
7. Being aggrieved by and dissatisfied with the judgment and order of conviction and sentence the accused-appellant preferred the instant appeal.
8. This matter has been appearing in the daily cause list with the name of the learned advocates for the accused-appellant as well as the complainant-respondent but no one appears on behalf of the accused-appellant to press the appeal. So, this matter is taken up for hearing.
9. Mr. Md. Jainul Abedin (Sajib), the learned Advocate appearing for the complainant-respondent has placed the memo of appeal, petition of complaint, evidence, judgment of the trial court and submits that prosecution has been able to prove the case by adducing independent, neutral witnesses as to issuance of cheque by the accused-appellant which was dishonoured for insufficient of fund, a legal notice was served upon the accused-appellant but the accused-appellant failed to make any arrangement to pay the money and, as such, the learned Judge of the trial court rightly found the accused-appellant guilty and sentenced him and therefore, he prayed for dismissed the appeal.
10. Mrs. Sayeda Sabina Ahmed (Molly),  learned Assistant Attorney General appearing for the State has supported the contention of the learned advocate for the complainant-respondent.
11. I have gone through the memo of appeal, petition of complaint, evidence, judgment of the trial court and other materials on record very carefully.
12. On perusal of the record it appears that the accused-appellant issued three cheques of Taka 7,00,000 (seven lacs) on 15-12-2013, Taka 5,00,000 (five lacs) on 20-12-2013 and Taka 3,00,000 (three lacs) in total Taka 15,00,000 (fifteen lacs) in favour of the complainant. The complainant deposited the cheques for encashment which were dishonoured for insufficient of fund. The complainant issued legal notice upon the accused-appellant through his engaged lawyer on 19-6-2014 by registered with AID and the legal notice also published in ‰`wbK K·evRvi on 20-6-2014 informing him that cheques have been dishonoured which were issued by him but accused-appellant did not take any step to pay the money.
13. On perusal of the record it appears that the prosecution examined the complainant as PW 1 who categorically stated the case of the prosecution as to issuance of cheques by the accused-appellant which were dishonoured for insufficient of fund. The complainant issued legal notice upon the accused-appellant to pay the money and exhibited his cheques, registered receipt, legal notice and dishonoured slip marked as exhibit- 1-6 series.
14. On perusal of the relevant provisions of Jaw it appears that, certain conditions precedent are stipulated in the provision of Section 138(1) of the Act which are to be complied with before imposing any criminal liability to the drawer. From the scheme of the Act, it is clear that following the dishonour of cheque a notice is to be issued in writing to the person who has issued the cheque inviting his attention to the fact the chelque has been issued for reason stated in the return memo and that he is liable for penal consequences under Section 138 read with Section 141 of the Act. When the reason for return of the cheque has been mentioned as 'refer to drawer' or 'insufficiency of fund', it is primary duty of the drawer of the cheque to make payment of the amount within stipulated time from the receipt of notice.
15. On perusal of the record it appears that the accused-appellant issued three cheques of Taka 15,00,000 (fifteen lacs) which were dishonoured for insufficient of fund and the complainant filed the instant case for realisation of Taka 15,00,000 (fifteen lacs). 1 am of the view that justice will be met if the sentence of fine Taka 30,00,000 (thirty lacs) of the accused-appellant is reduced to Taka 15,00,000 (fifteen lacs) the cheque amount only and imprisonment for a period of l (one) year is reduced for a period of 1(one) month. Accordingly, the judgement and order of conviction and sentence is upheld by reducing the sentence of imprisonment as well as fine as stated above.
16. In view of the discussions and reasons stated above, I find no merit in the appeal.
17. In the result, the appeal is dismissed with modification of sentence of imprisonment for a period of 1 (one) month and fine of Taka 15,00,000 (fifteen lacs) the cheque amount only.
18. The impugned judgment and order of conviction and sentence dated 20-8-2015 passed by the learned Sessions Judge and Special Tribunal-1, Cox's Bazar in ST Case No. 1014 of 2015 arising out of CR Case No. 866 of 2014, convicting the accused-appellant under Section 138 of the Negotiable Instruments Act, 1881 and sentencing him to suffer simple imprisonment for a period of 01(one) year and to pay a fine of Taka 30,00,000 (thirty lacs) only is dismissed with modification as stated above.
19. The accused-appellant is directed to deposit the balance amount of cheques to the trial court within 45 days from the date of received of this judgment along with subordinate court records to be paid to the complainant in accordance with law.
20. The accused-appellant IS further directed to surrender before the trial court within 60 days from the same date for serving the remaining sentence of imprisonment, as per jail code, if so required.
21. The complainant-respondent is allowed to withdraw the 50% of the cheque amount which has been deposited by the accused-appellant in the trial Court through Chalan at the time of filing appeal within 1 (one) month from the date of receipt of this judgment.
Let the Sub-ordinate Court Records along with a copy of this judgment be sent to the Court below at-once.

Tariff
Add Rate

News Archive

Inside The New Nation

Cricket »

India's Virat Kohli plays forward during the one day international between New Zealand and India in Napier, New Zealand on Wednesday.


A match billed as a runfest was turned upside-down by India's spin twins Kuldeep Yadav and Yuzvendra Chahal on Wednesday, as New Zealand were crushed by eight wickets in the first one-day international in Napier.India arrived at the ground with captain Virat Kohli expecting 300-plus to be par but when ...

International »

Priyanka Gandhi also enters politics


AP, New Delhi :A scion of India's most famous political dynasty on Wednesday formally entered politics, with the opposition Congress party assigning her a position as it prepares for national elections due before May.Priyanka Gandhi Vadra is the 47-year-old daughter of Rajiv Gandhi and Sonia Gandhi. She has in the ...

City »

People from all walks of life paid last respect to noted musician and freedom fighter Ahmed Imtiaz Bulbul by giving floral wreaths on his coffin at the Central Shaheed Minar in the city on Wednesday.


Entertainment »

Sonam Bajwa is all set to make her big Bollywood debut


After creating an immense sensation in the Punjabi film industry, Sonam Bajwa is now ready to make her foray into Bollywood with Varun Dhawan. Yesterday Varun posted a video on social media where he was en route to Punjab for shooting and while on board Varun introduced film’s producer Bhushan ...

Editorial »

Doctors should ensure quality healthcare service to patients


IN a surprise visit to 11 government hospitals and health complexes in eight districts including Dhaka on Tuesday, the Anti-Corruption Commission found 92 doctors out of a total of 230 absent at their workplaces. Eleven teams from the ACC made the visits between 9:00am and 2:00pm.Recently, the ACC received allegations ...

City »

General students of Dhaka University formed a human chain in front of Aparajeya Bangla of the university on Tuesday demanding proper probe into the suicidal case of Taifur Rahman Protik, a student of Genetics Engineering and Bio-technology Department of Shahjalal Science and Technology University.


Editorial »

ACC's role in fighting corruption


THE Anti-Corruption Commission on Tuesday suspended one of its directors for allegedly leaking information about its investigation beforehand and also having nexus with the accused.  The suspended official was recently promoted as director. In May last year, the ACC also dismissed one of its assistant directors and suspended another for ...

Sports »

Rangpur Riders beat Khulna Titans


Sports Reporter :Rangpur Riders beat Khulna Titans by six wickets in the 25th match of the UCB 6th Bangladesh Premier League (BPL) T20 cricket at the Sher-e-Bangla National Cricket Stadium in the city's Mirpur on Tuesday.Chasing Khulna's competitive 181 for the loss of six wickets in the allotted 20 overs, ...

Sports »

Greek sensation Tsitsipas into first Slam semi-final


AFP, Melbourne :Greek sensation Stefanos Tsitsipas showed resilience and maturity Tuesday to reach his first Grand Slam semi-final with a 7-5, 4-6, 6-4, 7-6 (7/2) win over Roberto Bautista Agut.Roger Federer's conqueror had to contend with dropping his serve early in each of the first three sets to the Spanish ...

International »

Ex-diplomats, scholars urge China to release Canadians


AFP, Beijing :A group of more than 100 former diplomats and academics have signed an open letter to Chinese President Xi Jinping calling for the release of two Canadians who have been detained on allegations of espionage.Former diplomat Michael Kovrig and businessman Michael Spavor were on December 10 arrested for ...

International »

France, Germany seek closer bond to tackle EU crisis


AFP, Aachen :France and Germany will on Tuesday sign a new friendship treaty to deepen their alliance at a time of crisis for the EU, drawing fire from the far right and a flurry of alarmist fake news reports.French President Emmanuel Macron and German Chancellor Angela Merkel are to sign ...

Business & Economy »

IMF cuts growth forecasts as world economic forum begins


AP, Davos, Switzerland :The world economy absorbed more bad news Monday: The International Monetary Fund cut its growth forecast for 2019. And China, the world's second-biggest economy, said it had slowed to its weakest pace since 1990.The IMF cut its estimate for global growth this year to 3.5 percent, from ...

Entertainment »

Sherlyn Chopra raises the mercury in her latest video `Tunu Tunu`


The amorous Sherlyn Chopra has always treated her fans with her raunchy photoshoots and now the seductress diva is back with another treat for her fans. After treating the fans a few days back with a short teaser, now the diva has treated her fans with the full music video. ...

Editorial »

The miseries of River Karnafuli must end


WITH alleged support from a section of officials, the encroachment of Karnafuli banks is still rampant by some powerful quarters flouting the High Court order.  Quoting investigation report done by the National River Conservation Commission (NRCC), the media yesterday reported that none of the 2,181 illegal structures has been removed ...

Cricket »

David Warner to undergo surgery on injured elbow


Banned former Australian vice-captain David Warner is expected to undergo minor surgery on his elbow Tuesday after returning home from the Bangladesh Premier League with an injury.Warner, alongside former skipper Steve Smith and batsman Cameron Bancroft, was suspended from international cricket over a ball-tampering scandal during a Test match in ...

 
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