National Housing Finance And-Versus- Z

BEFORE THE COURT OF CHIEF METORPOLITAN MAGISTRATE, DHAKA

PETITION CASE NO. _________ OF _____________-

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

AND

IN THE MATTER OF

National Housing Finance And

Investment Limited

Corporate Head Office

National Plaza (7th Floor)

1/G, Free School Street,

Sonargaon Road

Dhaka-1205

Represented by

Mr. A

Son of B

Age-

Officer

National Housing Finance And

Investment Limited

Corporate Head Office

National Plaza (7th Floor)

1/G, Free School Street,

Sonargaon Road

Dhaka-1205

COMPLAINANT

-Versus-

Z

Son of K

Age- About _____ Years

Village- Rajpalong

P.O. & P.S.- Ukhia

District- Cox’sbazar

Other Address

Z

7/D, Shornally

Rajanigandha Residential Area

Dhaka Cantonment

Dhaka-1206

ACCUSED

Place of occurrence

National Housing Finance And

Investment Limited

Corporate Head Office

National Plaza (7th Floor)

1/G, Free School Street,

Sonargaon Road

Dhaka-1205

Summary of the Suit:

Cheque No: 115474 Date: 24.12.2006

Cheque Amount: 7,53,666.00

Date of dishonor: 24.12.2006

Date of Legal Notice: 27.12.2006

Date of Legal Notice receipt: Not receipt

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 which are correct to best of the 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. 115474 dated 24.12.2006 for an amount of Tk. 7,53,666.00(Taka seven lac fifty three thousand six hundred sixty six) only in favour of the Complainant drawn on account No. 004-010708-011 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 24.12.2006.

5. That after dishonor of the cheque a notice dated 27.12.2006 under 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. 7,53,666.00(Taka seven lac fifty three thousand six hundred sixty six) only within 30 (thirty) days of the receipt of the notice.

6. That the notices addressed to the Accused have been returned by the postal department, for the address “Afser’s Building, 50, Alkaran Residential Area, 4 No. Goli, Sadar, P.S.-Kotwali, District- Chittagong” remarking ‘ewY©Z wVKvbv †_‡K eZ©gv‡b cÖvcK P‡j hvIqvq †diZ ’ on 08.01.2007, and for the address “Proprietor, M/S Avi Ruchi, 357, New Market (2nd Floor), P.O- New Market, P.S.- Kotwali, District- Chittagong” remarking ‘eZ©gv‡b D³ †nvwìb bv¤^v‡i ewY©Z bv‡gi cÖwZôvb bv _vKvq Ges cÖvcK Ly‡R bv cvIqvh †dir’ on 07.01.2007.

7. That the said notice(s) served by the Complainant upon the Accused will be deemed to be duly served as per sub-section 1A of the section 138 of the Negotiable Instruments Act, 1881 (as amended)

8. That issuing of such cheque towards discharge of any debt or liability and subsequent dishonor 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).

9. 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.

10. 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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