NIZAM UDDIN MAHMOOD Vs. ABDUL HAMID BHUIYAN

JUDGEMENT

(1.) This appeal by leave at the instance of the Complainant is against the judgment and order dated 25.06.2002 passed in Criminal Miscellaneous Case No.5518 of 2001 by a Division Bench of the High Court Division making the rule absolute thereby quashing the proceeding of petition case No. 515 of 2001 under Section 138 of the Negotiable Instrument Act, 1881.

(2.) The appellant as the complainant filed a petition of complaint under section 138 of the Negotiable Instrument Act, 1881 against the respondent No.1 stating inter alia, that the complainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27.08.2000 one for Tk. 45,000,00/- and another for Tk.15,000,00/- and that the complainant presented the cheques on 10.02.2001 but the cheques being bounced he again presented the cheques on 25.02.2001 but still the cheques were returned unpaid on 26.02.2001 and then the complainant demanded the money sending a notice dated 10.03.2001 giving the accused 15 days time to make the payment but still no payment being made the complaint was filed on 22.04.2001 and the learned chief Metropolitan Magistrate took cognizance and the accused appeared before the court and was released on bail and thus the proceeding being started the accused filed an application under Section 241A of the Code of Criminal Procedure praying to discharge him but the learned Magistrate rejected the application and then the accused filed criminal Miscellaneous case No. 5518 of 2001 under Section 561A of the Code of Criminal Procedure praying to quash the proceeding and the High Court Division by the impugned judgment and order made the Rule absolute quashing the proceeding and hence is this appeals.

(3.) In support of the appeal, Mr. Rokanuddin Mahmud, learned Counsel, has taken us through the materials on record including the impugned judgment and order passed by the High Court Division and submits that the cheques being presented for encashment firstly on 10.02.2001 and then on 24.02.2001 but the same being dishonored the complainant served notice on 10.03.2001 with in 15 days from the return of the cheques i.e. on 26.02.2001 and thus fulfilled the requirement of law.