Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Sunday, October 20, 2019 04:06:45 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Person Not Cheated Cannot Lodge FIR

Section 420 of the Penal Code narrates

By
14th-Sep-2019       
Comments
Share your thought
Post a comment »
Read all () »

(From previous issue)
10. We have heard the learned Advocate for the petitioner and the learned Deputy Attorney-General for the State. We have also perused the application and the connected materials on record.
11. It is the definite case of the accused-petitioner that the alleged occurrence took place beyond the territorial jurisdiction of Bangladesh on an allegation of misappropriation of money of a Company. But the Company as a juristic person does not lodge any complaint against him under Section 420 of the Penal Code but the FIR has been lodged here in Bangladesh by a police officer by obtaining sanction from the Government. It is the main ground of the accused-petitioner for quashment of the instant proceeding under Section 420 of the Penal Code that the very manner of lodging the FIR by a police officer of Bangladesh is not lawful. Therefore, for considering the question of quashment of the instant proceeding under Section 420 of the Penal Code, it is not necessary to enter into the merit of the case. Rather, we are to consider the legal authority of lodging of the FIR by the informant under Section 420 of the Penal Code.
12. Though it is the general principal of law that anyone can set the law in motion, but there are some exception of offense(s) which requires the person who has actually been cheated sustaining loss, damage or injury for the purpose of initiation of any proceeding against a person who is liable for breach of trust or cheating causing such loss, damage or injury.
13. In this connection,  reference may be made in the case of Sahibzada Muhammad Hoyat Khan vs Ghulam Muhammad reported in 6 DLR (WP) 177 where in his lordship of WPC Lahore held as under:-
    " ………..The perusal of the record shows that one Ghulam Muhammad brought a complaint against Sahibzada Muhammad Hayat Khan under Section 420 PPC. I. was stated in the complaint that Sahibzada to deliver Rs. 400 to him and thereby had committed an offence under Section 420 PPC. The complaint further showed  that  the amount in question was actually paid by one Allah Ditta. The learned Additional Magistrate  after recording the statement of the complainant, Ghulam Muhammad, issued process on the accused petitioner Against this order, the petitioner applied to the ADM, who has forwarded the record to the High Court, with the recommendation that the Magistrate took a hasty action in issuing process against the accused. I may say that the grounds which prompted the learned ADM for making this reference  are not cogent in the eye of law. The learned ADM should know that once a Magistrate is satisfied that there are prima facie grounds for proceedings in the case then he can issue process on the accused. It is nowhere obligatory to make preliminary inquiry before issuing process for the attendance of the person complained against. However, I accept the reference on the short ground that the person defrauded and actually cheated has not filed a complaint. The complaint clearly connotes that the person actually cheated was Rana Khuda Bakhsh and therefore, the present complainant had no locus standi to bring a complaint against the petitioner.
In this connection reference may be made to 22 CrLJ 672. Where it was observed that "It is absurd, however, to expect a Court to take any notice of cheating except when it is put in by the person actually defrauded."
I accordingly accept the reference and set-aside the order of the Magistrate dated the 9th September 1952 and dismiss the complaint. It will however be open to the person who has been actually cheated to bring a complaint, if so advised."
14. Following the above decision, a similar view had also been taken by their lordships of the Dhaka High Court in the case of Surendranath Saha vs State reported in 12 DLR 178 holding that in a case under Section 420 of the Penal Code, where a complaint of cheating before the Court has been made not by a person defrauded but by another on his behalf, the case must fail. In that case, the complaint of cheating to several debtors of a Co-operative Central Bank by the accused was made to the Court not by the persons cheated but by the Executive Officer of the Bank. Therefore, the case against the accused failed.
15. Since the instant proceeding has been initiated on the allegation of misappropriation of money by the accused-petitioner of the Company under Section 420 of the Penal Code by a police officer and not by the Company as a cheated person, the aforesaid decisions are equally applicable in the instant case. Therefore, the informant had no legal authority to lodge the present FIR against the accused-petitioner.
16. As regards the sanction granted by the Government empowering the informant we are of the view that the sanction is not relevant in the instant case, as the law has debarred a person to lodge an FIR under Section 420 of the Penal Code who is not actually cheated. Therefore, the instant proceeding basing on an unlawful FIR is a sheer abuse of the process of law and, as such, it is liable to be quashed.
17. In view of the discussions made in the forgoing paragraphs, vis-a-vis the law, we find merit and force in the submissions of the learned Advocate for the petitioners and we find no merit in the submission of the learned Deputy Attorney-General.
18. In such view of the matter, we find merit in the Rule. Therefore, the Rule succeeds.
19. Accordingly, the Rule is made absolute.
20. The impugned proceedings of the TR Case No. 395 of 2010 arising out of GR Case No. 911 of 2002 corresponding to Panchlaish Police Station Case No. 13 dated 16-11-2002 under Sections 408/420 of the Penal Code, now pending in the Court of learned Metropolitan Magistrate, 2nd Court, Chittagong is, hereby, quashed.
21. The Company may proceed against the accused-petitioner within the frame of law, if so advised.
Communicate the judgment to the Trial Court concerned at once.
(Concluded)

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Default loans pose risk, economic sector needs overhauling


THE International Monetary Fund on Friday said the rising defaults on loans poses the biggest risk for the Bangladesh economy that stands to grow at a remarkable pace. As of June, the total defaulted loan in the banking sector was Tk 1,12,425 crore, up 19.71 percent from December last year, ...

Football »

Bulgaria coach quits after racism row at England match


Bulgaria's coach quit Friday over the 6-0 loss to England in a Euro 2020 qualifier which was overshadowed by racist abuse that sparked a storm of protest.Monkey chants and apparent Nazi salutes during Monday's match in Sofia caused indignation in the football world and led to the resignation of Bulgaria's ...

City »

Emeritus Professor Sirajul Islam Chowdhury along with other distinguished persons at a memorial meeting on Dr Mizanur Rahman Shelley organised by Academic Press and Publishers Library at the Jatiya Press Club on Saturday.


International »

Some worries about nuclear weapons at Turkey base


AP, Washington  :Frayed U.S. relations with Turkey over its incursion in Syria raise a sensitive question rarely discussed in public: Should the United States remove the nuclear bombs it has long stored at a Turkish air base?It's a tricky matter for several reasons, including the fact that by longstanding policy, ...

International »

Last Soviet leader Gorbachev urges Russia, US to hold nuclear talks


Reuters, Moscow :Mikhail Gorbachev, the last Soviet leader, warned on Friday that the world was drifting into a dangerous era of militarised politics and appealed to Moscow and Washington to sit down for urgent nuclear arms control talks.Gorbachev, whose 1980s arms control push and democracy-oriented reforms helped end the Cold ...

Entertainment »

Sara Ali Khan has sweetest wish for her first friend


Sara Ali Khan might be just two films old in the industry but her popularity is great among the youth. Thanks to the success of her second film, Simmba, and her upcoming film #Aajkal. But apart from that she's popular for her chic style too. While we all know about ...

Editorial »

Monitoring must to prevent fatal gas cylinder blasts


THREE of a family died and three others were injured on their way home from hospital as the gas cylinder of an ambulance exploded in Chattogram's Anwara upazila on Thursday. The deceased were identified as Mafij Uddin, 65, his daughter-in-laws Babul Akter, 33, and Jainab Begum, 38, police said. Mafij's ...

Sports »

Chinese gymnast Chen Yile poses for photos after getting the ANOC award for Best Female Athlete of Asian Games 2018 during awarding ceremony of the ANOC Awards 2019 at the XXIV ANOC General Assembly Qatar 2019 in Doha, capital of Qatar on Thursday.


.

Entertainment »

Vidya honoured in London


Vidya Balan, who is currently stationed in London shooting for her highly-anticipated movie Shakuntala Devi - Human Computer, was recently invited by Imperial College to address the students who idolises the powerhouse performer for her exemplary body of work and for being one of the finest actors of Hindi film ...

Editorial »

Tackle urban poverty with well-designed safety nets


A WORLD Bank report stated that most of the urban poor are deprived of the government's social protection benefits. There is a large gap in allocation under social safety net, though the pace of poverty reduction has slowed and the ratio of extreme poverty edged up in urban areas after ...

Cricket »

Tamim Iqbal unlikely in T20 series in India


Bangladesh Opener Tamim Iqbal's return to International cricket is likely to be delayed as he suffered a muscle strain on the right side of the rib.The injury also forced him to sit out from the second round of the National Cricket League (NCL) in which his side Chattogram Division is ...

Entertainment »

Bindu Kona’s Krishna Leela


Sheikh Arif Bulbon :Among the present generation’s singers, Bindu Kona has been entertaining the hearts of many music-lovers by virtue of her melodious voice and stage performances. It is said that when Bindu Kona gets microphone on her hand on the stage, she becomes a different ‘Bindu Kona.’ While performing ...

International »

HK lawmakers dragged from chamber as leader heckled for second day


AFP, Hong Kong :Pro-democracy lawmakers were dragged out of Hong Kong's legislature by security guards on Thursday after they heckled the city's pro-Beijing leader for a second day running, the latest outburst of political rancour in the strife-torn city.Chief Executive Carrie Lam has faced an outpouring of anger from her ...

International »

Diplomatic stalemate fuels dangerous Saudi-Iran standoff


AFP, Abu Dhabi :The dangerous rivalry between Saudi Arabia and Iran, played out in proxy wars and mystery strikes, is destined to fester as long as neither reaches across the gulf that divides them, observers say.At the Beirut Institute Summit in the United Arab Emirates this week, heated sessions dominated ...

City »

Jatiyatabadi Chhatra Dal brought out a silent procession on Dhaka University campus on Thursday demanding trial of killers of Abrar Fahad and release of BNP Chief Begum Khaleda Zia.


 
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