The Hongkong and Shanghai Banking Corporation Limited Versus- Mr. A

BEFORE THE COURT OF CHIEF METROPOLITAN MAGISTRATE, DHAKA

PETITION CASE NO. _________ OF ___________

An application under Section 138 of the Negotiable Instruments Act, 1881 (as amended).

AND

IN THE MATTER OF

The Hongkong and Shanghai Banking Corporation Limited

Dhaka Main Office

Anchor Tower, 1/1-B

Sonargaon Road

P. S. Tejgaon

Dhaka-1205

Represented by

Mr. X

Son of Late Y

Age-

Officer

The Hongkong and Shanghai Banking Corporation Limited

Dhaka Main Office

Anchor Tower, 1/1-B

Sonargaon Road

P. S. Tejgaon

Dhaka-1205

COMPLAINANT

-Versus-

Mr. A

Son of B

Age- About _______ years

3rd Floor

3/1, Segun Bagicha

P.S.- Ramna

Dhaka-1000.

Other Addresses

Mr. A

Son of B

Vill.- Barda

P.O.- Rupshi, Tarabo

P.S.- Rupgonj

Dist.- Narayangonj

And

Mr. A

Managing Director

K Textile Mills

Room No. 10 & 11

154, Motijheel Commercial Area (4th Floor)

Dhaka-1000

ACCUSED

Place of occurrence

The Hongkong and Shanghai Banking

Corporation Limited

Dhaka Main Office

Anchor Tower, 1/1-B

Sonargaon Road

P. S. Tejgaon

Dhaka-1205

Summary of the Suit:

Cheque No: 343454 Date: 17.12.2006

Cheque Amount: 18,43,020.00

Date of dishonor: 19.12.2006

Date of Legal Notice: 27.12.2006

Date of Legal Notice receipt: 10.01.2007

The humble petition on behalf of the complainant most respectfully –

SHEWETH:

1. That the complainant is a Banking company incorporated with Limited liability in Hongkong under the relevant Companies Act and duly carrying on banking business in Bangladesh under the relevant laws having its Dhaka Main Office at the address given in the cause title (hereinafter referred to as the “Complainant”).

2. That the Accused is a businessman by his profession. He has his addresses as given in the cause title are correct to the best of knowledge of the Complainant.

3. That in order to discharge partial loan liability of the Accused with the Complainant, the Accused issued a cheque, being No. 343454 dated 17.12.2006 for an amount of Tk. 18,43,020.00 (Taka eighteen lac forty three thousand twenty) only in favour of the Complainant drawn on account No. 003-020013-001 of the Accused maintained with The Hongkong and Shanghai Banking Corporation Limited, Dhaka Office.

4. That the Complainant presented the said cheque for encashment which was dishonoured and returned unpaid with the remark “insufficient fund” in the memo issued by The Hongkong and Shanghai Banking Corporation Limited, Dhaka Office on 19.12.2006.

5. That after dishonour of the cheque a notice dated 27.12.2006under section 138 of the Negotiable Instruments Act, 1881 (as amended) was served through the lawyer of the Complainant by registered post with A/D upon the Accused requesting for payment of the said cheque amount i.e. Tk. 18,43,020.00 (Taka eighteen lac forty three thousand twenty) only within 30 (thirty) days of the receipt of the notice.

6. That the notice was received by the Accused on 10.01.2007, but did not come forward towards payment of the cheque amount within the notice stipulated period or till date.

7. That issuing of such cheque towards discharge of any debt or liability and subsequent dishonour due to insufficiency of funds is criminal offence on the part of the issuer of such cheque in accordance with the provisions of section 138 of the Negotiable Instruments Act, 1881 (as amended).

8. That the aforementioned cheque was issued by the accused and has been dishonoured by the drawee Bank on the ground of “insufficient fund” which made the Accused criminally liable and to be punished accordingly.

9. That in view of the facts and circumstances stated above, this court may take cognizance in accordance with section 141 of the Negotiable Instruments Act, 1881 and the Accused should be brought to justice as provided under section 138 of the Negotiable Instruments Act, 1881.

Wherefore it is humbly prayed that the Hon’ble Court may graciously be pleased to take cognizance of the offence, issue warrant of arrest against the Accused, and bring the accused to justice for the offence committed by him and/or pass such other or further order or orders as it deems fit and proper.

And for this act of kindness the complainant as in duty bound shall ever pray.

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