Humayun Majid Vhora Vs. Q.S.M.Jahanzeb & others

Appellate Division Cases

(Criminal)

PARTIES

Humayun Majid Vhora. ………………Petitioner.

-Vs-

Q.S.M.Jahanzeb & others……… ….Respondents.

JUSTICES

Md. Ruhul Amin CJ

M. N. Ruhul Amin J

Md. Abdul Matin J

Judgment Dated: 23rd March 2008

The Code of Criminal Procedure, Section 56A

The Penal code, Section 420/406/408

Complainant was holder of a locker being locker No.225 of the National Bank Limited at Motijheel Commercial Area Branch and the complainant kept Tk.46,49,085/- for safe custody in the locker but the money was stolen from the said locker…………….. (2)

The High Court Division held that as per agreement of the complainant with the bank, the customer is barred to keep money in the locker and the customer is entitled to keep documents, jewelry and other valuables in the locker. The High Court Division also held that if there be any such loss of money illegally kept, in the locker of the bank, the bank cannot be held responsible. ………………..(4)

Moreover the liability if any of the bank in respect of such loss of money is of civil nature ……………………………(5)

Abdul Malek, Senior Advocate (S.M. Shahjahan, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record. ………………….For the Petitioner

Abdul Baset Majumder, Senior Advocate, instructed by Syed Mahbubar Rabman,

Advocate-on-Record …………………For the Respondents

Criminal Petition For Leave To Appeal No.487 of 2006

(From the judgment and order dated 27.07.2006 passed by the High Court Division in Criminal Miscellaneous Case No.5691 of 2005.)

JUDGMENT

M. M. Ruhul Amin J: This petition for leave to appeal is directed against the judgment and order dated 27.07.2006 passed by the High Court Division in Criminal Miscellaneous Case No.5691 of 2005 making the Rule absolute.

2. Prosecution case, in brief, is that the complainant was holder of a locker being locker No.225 of the National Bank Limited at Motijheel Commercial Area Branch and the complainant kept Tk.46,49,085/- for safe custody in the locker but the money was stolen from the said locker. He lodged F.I.R. with Motijheel Police Station being PS. Case

No.87 dated 20.04.2005 under section 420/406/408 of the Penal Code. The accused petitioners surrendered voluntarily before the Court and obtained anticipatory bail. Thereafter, they moved the High Court Division under section 561A of the Code of Criminal Procedure and obtained Rule which after hearing was made absolute.

3. We have heard Mr. Abdul Malek, with whom Mr. S.M. Shahjahan, with permission appeared the learned Counsel for the petitioner and Mr. Abdul Baset Majumder, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers on record.

4. The High Court Division held that as per agreement of the complainant with the bank, the customer is barred to keep money in the locker and the customer is entitled to keep documents, jewelry and other valuables in the locker. The High Court Division also held that if there be any such loss of money illegally kept, in the locker of the bank, the bank cannot be held responsible.

5. Moreover the liability if any of the bank in respect of such loss of money is of civil

nature.

6. In the facts and circumstances of the case and in view of the discussions made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision.

7. The petition is dismissed.

Source : V ADC (2008),716

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