MAHMUDUR RAHMAN NAZLU Vs. STATE

JUDGEMENT

(1.) This is an application for restoration of the above mentioned Miscellaneous Case under Section 561A of the Code of Criminal Procedure which was rejected by this Bench as none was turned up on repeated call to press the application on 11.12.2011.

(2.) The accused petitioner filed an application under Section 561A of the Code of Criminal Proce-dure to quash the proceeding of Metro Sessions Case No. 7270 of 2009 under Section 138 of the Negotiable Instruments Act, 1881 pending in the Court of Joint Metropolitan Session Judge, 5th Court, Dhaka. The accused petitioner filed the said applica-tion in another Bench and after hearing the same, was fixed on 12.07.2011 for order; in the meantime the constitution of that Bench had changed and the record of the Case was sent to the concerned section of this court and the application has been numbered as Criminal Miscellaneous Case No.18937 of 2001, though no Rule was issued. Eventually, the matter was sent to this Bench by the Hon'ble Chief Justice and ultimately the application was rejected for default on 11.12.2011.

(3.) Mr. Abu Hena Razzaki, the learned Advocate for the petitioner placing the application for restoration, submits that, the application under Section 561A of the Code of Criminal Procedure was initially filed in another Bench and that was heard by that Bench on 21.06.2011 and fixed 12.07.2011 for order. But in the meantime the constitution of that Bench has been changed and no order was passed on 12.07.2011. On 03.01.2012 the learned Advocate of the petitioner when sent his Clark to the record section to see the position of the application then he came to learn that on 11.12.2011 the application was rejected for default. Because of such order of default a gap has been created between the relation of the client and the lawyer and if the case is not restored to its original filed and number the petitioner will be prejudiced seriously.