IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL APPELLATE JURISDICTION)

Present:

Mr. Justice Md. Kamrul Hosssain Mollah

Criminal Appeal No.7659 of 2020

M A Mohaiman Khan (Hanif)

......convict-Appellant -Versus-

The State and another

…... Respondents

No one appears

........For the convict-Appellant Mrs. Umme Masumun Nesa, A.A.G

……..For the State

Mr. Syed Mizanur Rahman, Advocate

……For the complainant-respondent No.2

Heard and Judgment on: 30.08.2023

Md. Kamrul Hossain Mollah.J:

This appeal has been preferred against the judgment and order of conviction and sentence dated 25.03.2012 passed by the learned Metropolitan Additional Sessions Judge, 3rd Court, Dhaka in Metropolitan Sessions Case No.8349 of 2010 arising out of C.R. Case No.3543 of 2007 convicting the appellant under section 138 of the Negotiable Instruments Act, 1881 and sentencing him to suffer imprisonment for a period of 06(six) months and also to pay a fine of Tk.5,00,000/- (five lac) only.

At the time of admitting the appeal this Court granted ad- interim bail to the appellant for a period of 01(one) year and stayed the realization of fine.

The prosecution case, in short is that the convict- appe