BEFORE THE CHIEF METROPOLITAN MAGISTRATE,DHAKA.
PETITION CASE NO. OF_________________.
IN THE MATTER OF:
Complainant Petition under Section 138 of the Negotiable Instruments Act 1881. As amended by Negotiable Instruments
IN THE MATTER OF :
X International Trading Company
House No.7, Block- G, Banani
Dhaka represented by :
X International Trading company Pte Ltd.
House No.35, Road No.7
Block G Banani, Dhaka.
Complainant / Petitioner.
1. K Collection Ltd.
Plot # 27 (Holding No.1/A)
Milk Vita Road, Section-7,
Mirpur, P. S. Mirpur
2. Mr Q
K Collection Ltd.
Plot # 27 (Holding No. 1/A)
Milk Vita Road, Section-7,
The humble petition on be half of the Complainant most respectfully
1. That the complainant is a private Limited company incorporated under the relevant Companies Act of Bangladesh, having its office at House No7 Block-G, Banani, Dhaka and carries on business at the address stated in the cause title (hereinafter referred to as the complainant.)
2 That the accused No1. is a private limited company and the accused No.2. is a businessman and Managing Director of K Collection Ltd of Plot No.27(Holding No.1/A),Milk Vita Road, section-7, Mirpur, P. S. Mirpur, Dhaka.
3 That the accused No.2 is entrusted with all business affairs of the accused No.1 and he operates the bank account of the accused No.1.
4 That the accused No.1 under the signature of the accused No.2 signed a contract with the complainant for shipments of goods namely Boys jeans under the terms and conditions of contract No.33/8338001/01/53 ARE 200100 pcs. In connection with the contract the accused were unable to provide the shipment within the scheduled time due to lack of funds. The accused requested the complainant several times for funding so that the accused can ship the goods within the time frame of the contract. The complainant granted loan of an aggregate sum of Tk. 5,46,760.00 (Taka five lac forty six thousand seven hundred and sixty) to the accused, to enable the accused to meet up their contractual obligations.
5 That for repayment of the loan, the accused No.2 issued the following cheques drawn on their account with Uttara Bank Limited, Pallabi Branch, under the signature of the accused No.2.
7. That the aforesaid cheque No.3954882 and 3954881 dated 25.07.2001 and 30.07.2001 respectively were placed by the complainant to the drawee bank for encashment on 25.07.2001 and 30.7.2001 respectively but both the cheques were dishonoured with the advice slip bearing the remark that funds are “not arrange for.”
8. That after repeated reminders, the accused on 05.08.2001 agreed to repay the loan along with other expenses incurred by the complainant by way of discount from the letter of credit proceeds payable to the accused under the shipment. However the accused failed to keep their commitment.
9. That on 6.08.2001 and finally on 16.9.2001 the complainant placed both the cheques to Uttara Bank, Pallabi branch for encashment but the cheques were dishonoured with the advice slip bearing the remark fund “not arrange for”.
10. That since the cheques were presented to the drawee bank for encashment within six months of the date on which it was drawn, and were dishonoured for insufficient of fund, the complainant on 25.9.2001 served legal notice upon the accused by registered post with A/D in compliance with the provision of section 138 of the Negotiable Instruments Act 1881, demanding payment of money specified in the aforementioned cheques and stating that if the accused did not make payment of the cheque amount within 15 (fifteen) days of the receipt of the notice, the complainant will commence criminal proceedings against them under the Negotiable Instruments Act 1881. The notice was duly served and on 09.10.2001 it was received by the accused. But unfortunately after receiving the notice the accused neither repay the cheque amount nor try to resolve the matter with the complainant.
11. That issuing a cheque, for discharging any debt or liability which is dishonoured because of insufficiency of funds, is a criminal offence on the part of the issuer of such cheque in accordance with the provisions of section 138 read with section 140 and 141 of the Negotiable Instruments Act, 1881 (as amended).
12. That the aforementioned cheques issued by the accused No.1 through accused No.2 have been dishonoured by the drawee bank where the accused maintains its account, on the ground the funds were “not arrange for” payment, so the accused No.1 committed a criminal offence and the accused No. 2 being Managing Director of the accused No.1 and being in charge and responsible for conducting the business of the accused company also committed a criminal offence and is liable to be punished under section 138 read with section 140 of the Negotiable Instruments Act,1881 (as amended). and he shall be liable to be proceeded against and punished accordingly.
13. That in view of the facts and circumstances stated above, this court may take cognisance in accordance with section 141 of the Negotiable Instruments Act, 1881 and the accused should be brought to justice as provided under section 138 Negotiable Instruments Act 1881 as amended by Negotiable Instrument (amended) Act 2000.
Wherefore it is humbly prayed that the learned
Court may graciously be pleased to take
Cognizance of the offence, issue warrant of
Arrest against accused No.2 and bring the
Accused to justice for the offence committed
by them and pass such other order or further
Orders as the court may deem fit and proper.
And for this act of kindness the complainant as in duty bound shall ever pray.