Habibur Rahman Howlader Vs. State and another

Habibur Rahman Howlader (Petitioner)

Vs.

State and another (Respondents)


Supreme Court

Appellate Division

(Criminal)

Present:

Latifur Rahman CJ 

Mahmudul Amin Choudhury J  

Kazi Ebadul Hoque J

Judgment

November 7, 2000.

The Negotiable Instruments (Amendment) Act 1994, Section 138

Since a legal notice was served within fifteen days of information of return of the cheques, there was no valid ground for quashing the proceeding.

Lawyers Involved:

AJ Mohammed Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner

Mohammad Ali, Advocate-on-Record—For Respondent No. 2.

Not represented—Respondent No. 1.

Criminal Petition for Leave to Appeal No. 221 of 2000.

(From the Judgment and order dated 29-6-2000 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 1613 of 1999).

Judgment

Latifur Rahman CJ.- This petition by the accused-petitioner is against the judgment and order passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 1813 of 2000 for quashing the proceeding.

2. It appears that the accused-petitioner issued two cheques and those two cheques were placed for encashment in the bank within 6 months. Once it was returned with the remark that the fund was insufficient and again it was returned with the remark that the account was closed. The complainant served a legal notice within 15 days of the receipt of the information of return of the cheques in question and, as such, there was no valid ground for quashing the proceeding under section 138 of the Negotiable Instruments (Amendment) Act, 1994.

3. Mr. AJ Mohammed Ali, learned Advocate, could not point out any illegality in the impugned judgment.

The petition is dismissed.

Ed.

Source: 53 DLR (AD) (2001) 111

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