HABIBUR RAHMAN HOWLADER Vs. STATE

JUDGEMENT

(1.) 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.