IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

Present

Mr. Justice Md. Salim

And

Mr. Justice Shahed Nuruddin

CRIMINAL MISCELLANEOUS CASE NO.37122 OF 2022 Md. Mosharaf Hossain

............Accused-Petitioner.

- VERSUS-

The State and another

.....Opposite Parties.

Mr. Md. Hafizur Rahman, Advocate

------- For the petitioner. Mr. S.M. Shahjahan, Senior Advocate with Mr. Mustasin Tanzir, Advocate

----- For the opposite party No.2.

Mr. B.M. Abdur Rafell, DAG with

Mr. Binoy Kumar Ghosh, A.A.G.

Mr. A.T.M. Aminur Rahman (Milon), AAG Ms. Lily Rani Saha, AAG

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

Heard on 23.11.2023, 29.11.2023 and 10.01.2024. Judgment on 10.01.2024.

MD. SALIM, J:

By this Rule, the opposite parties were asked to show cause as to why the proceedings of Sessions Case No.1373 of 2021 arising out of C. R. Case No.779 of 2021 under Section 138 of the Negotiable Instrument Act, now pending before the Joint Sessions Judge, 3rd Court, Narayanganj should not be quashed.

Facts in a nutshell for disposal of this Rule are that in order to discharge the loan liability the accused petitioner gave two cheques to M/S Harun and brothers for repayment of Tk.10,0000/ and Tk. 10,00000/- resp