IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION
(CRIMINAL MISCELLANEOUS JURISDICTION)

Present

Mr. Justice Md. Salim

And

Mr. Justice Shahed Nuruddin

CRIMINAL MISCELLANEOUS CASE NO.18398 OF 2014

Md. Moinuddin

....Accused-Petitioner.

-VERSUS-

The State and another.

...Opposite Parties.

No one appears ............ For both the parties. Mr. Yesmin Begum Bithi, DAG with

Mr. Binoy Kumar Ghosh

Mr. A.T.M Aminur Rahman, A.A.Gs.

..............For the State.

Heard on: 01.11.2023 and Judgment on: 02.11.2023.

SHAHED NURUDDIN,J:

By this Rule, the accused-petitioner by filing an application under Section 561A of the Code of Criminal Procedure sought for quashing the proceedings of C.R. Case No.63 of 2014 under Section 138 of the Negotiable Instrument Act,1881, now pending before the learned Senior Judicial Magistrate, Court No.2, Chittagong.

Material facts leading to this Rule are that, in order to discharge the loan liability the accused petitioner gave the cheque to the complainant which on presentation to the bank for encashment was dishonored on the ground of insufficiency of funds. Following the procedure and in compliance with statutory pro