IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL APPELLATE JURISDICTION)

Present:

Mr. Justice Md. Kamrul Hosssain Mollah

Criminal Appeal No.10971 of 2016 Amirul

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

The State and another

…... -respondents

None appears for both the parties. Mrs. Aleya Khandker, A.A.G and

Mrs. Umme Masumun Nesa, A.A.G ……..For the State

Heard on and judgment on:10.08.2023

Md. Kamrul Hossain Mollah.J:

This appeal has been preferred against the judgment and

order dated 14.08.2016 passed by the learned Additional Sessions Judge, Magura in Sessions Case No.407 of 2015 arising out of C.R. No.443 of 2015 convicting the appellant under section 138 of the Negotiable Instruments Act, 1881 and sentencing him to suffer simple imprisonment for 03 (three) months and with a fine of tk.60,000/- (sixty thousand) only.

The prosecution case, in short is that, the convict- appellant issued a cheque in favour of the complainant of Tk.60,000 /- (sixty thousand) on 23.06.2015. But on the same

date the said cheque was dishonoured by the concerned Bank due to insufficient fund. Thereafter, on 02.07.2015, the complainant served a legal notice to the convict appellant to pay t