IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISIDICTION)

Present:

Mr. Justice S M Kuddus Zaman And

Mr. Justice Md. Ali Reza

Criminal Miscellaneous Case No.64513 of 2022

Md. Zahirul Islam

.... Accused-Petitioner

-Versus-

The State

…. Opposite Party

Mr. Md. Manjurul Karim with

Mr. Md. Abu Sufiqan, Advocates

.... For the petitioner.

Mr. Sujit Chatterjee, D.A.G.

.… For the State.

Mr. Mainul Haque Howlader, Advocate

…. For the complainant opposite party No.2.

Heard and Judgment on 09.01.2024

S M Kuddus Zaman, J:

On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the opposite parties to show cause as to why the proceedings of Sessions Case No.9249 of 2021 arising out of C.R. Case No.321 of 2020 under Sections 138/140 of the Negotiable Instrument Act, 1881, now pending in the Court of learned Metropolitan Joint

Sessions Judge, Second Court, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper.

Facts in short are that the petitioner is accused No.5 and Chief Executive Officer of AWR Development Limited. It has been alleged by com