DR. ABDUR RAHMAN Vs. STATE

JUDGEMENT

(1.) This Rule on an application filed under section 561 A of the Code of criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceedings of Metro. Sessions Case No. 1494 of 2006 arising out of CR Case No. 3247 of 2005 under section 138 of the Negotiable Instruments Act, now pending before Metropolitan Assistant Sessions Judge, 5th court, Dhaka should not be quashed.

(2.) The prosecution case, in short, is that the complainant is a businessman; that the accused for payment of outstanding money on 02.10.2005 issued a cheque bearing No. 1526509 for an amount of Taka 2,20,000.00 ( Two lac and twenty thousand) to be drawn from an account being Account No. 1425 lying with Janata Bank, Mugdhapara Branch, Dhaka maintained by the accused; that the complainant presented the said cheque for encashment on 03.10.2005 but returned unpaid due to insufficiency of fund and that thereafter the complainant through his engaged Lawyer served a legal notice on 12.10.2005 upon the accused and thereby requested the accused to repay the cheque amount within 15 days but the accused did not pay the said amount of money. Hence the case.

(3.) The Magistrate examined the complainant on 10.11.2005 and issued summons against the accused-petitioner under Section 138 of the Negotiable Instruments Act, 1881 fixing the next date on 23.01.2006.