AN APPLICATION UNDER ARTICLE 102 OF THE CONSTITUTION OF THE PEOPLES REPUBLIC OF BANGLADESH Vs. BANGLADESH REPRESENTED BY THE SECRETARY

JUDGEMENT

(1.) On an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show cause as to why the application of Section 138A of the Negotiable Instruments Act, 1881 inserted vide the Negotiable Instruments (Amendment) Act, 2006 (Act No. 03 of 2006) as evident from the order no. 12 dated 30.07.2007 (Annexure-'E-1' to the Writ Petition) in respect of Sessions Case No. 2607 of 2006 arising out of C. R. Case No. 2069 of 2005 and why the judgment and order of conviction and sentence dated 27.06.2007 (Annexure-'D-1' to the Writ Petition) passed by the learned Metropolitan Assistant Sessions Judge (now Metropolitan Joint Sessions Judge), 5th Court, Dhaka in Sessions Case No. 2607 of 2006 arising out of C. R. Case No. 2069 of 2005 should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.