IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Shohrowardi Criminal Revision No. 3635 of 2023 Md. Rezaul Karim

………Convict petitioner -Vs-

The State and another

….respondents

Mr. Md. Nahid Hasan, Advocate

….For the convict petitioner.

Mr. Md. Mohitul Hasan (Bishal), Advocate

……..For the opposite party No.2 Mr. Md. Shahidul Islam, AAG with

Ms. Sharmin Hamid, AAG

..… For the State

Heard on 31.10.2024, 20.11.2024

Judgment delivered on: 25.11.2024

On an application filed under sections 439 and 435 of the Code of Criminal Procedure, 1898 Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and order of conviction and sentence dated 13.08.2023 passed by the Additional Sessions Judge, Court No.4, Bogura in Criminal Appeal No. 560 of 2023 affirming the judgment and order of conviction and sentence dated 17.01.2022 passed by the Joint Sessions Judge, Court No. 2, Bogura in Sessions Case No. 624 of 2022 arising out of C.R. Case No. 666 of 2021 convicting the petitioner under section 138 of the Negotiable Instruments Act, 1881 and sentencing him to suffer imprisonment for 04(four) months and fine of Tk. 2,50,000 should not be set aside and/or pass such other or further order or orders as to this court may seem fit and proper.

The prosecution case, in short, is that the accused Md. Rezaul Karim issued cheque No. CAP 4918714 on 11.10.2020 drawn on his Account No. 0703203633250001 for payment of Tk. 2,50,000 in favour of the complainant. The complainant presented the cheque on 23.03.2021 for encashment which was dishonoured on 24.03.2021 with the remark “account closed”. On 31.03.2021, the complainant sent a legal notice to the accused and the accused received the same on 08.04.2021 but he did not pay the cheque amount in time. Thereafter, the complainant filed the case on 09.05.2021.

The case was transferred to the Court of Sessions Judge, Bogura and registered as Sessions Case No. 624 of 2022. The Sessions Judge, Bogura sent the case to the Joint Sessions Judge, Court No. 2, Bogura for trial and disposal. During trial charge was framed against the accused under section 138 of the Negotiable Instruments Act, 1881 and at the time of framing charge the accused was absconding.

The prosecution examined 01(one) witness to prove the charge against the accused. After examination of P.W. 1, the accused absconded for which he was not examined under section 342 of the Code of Criminal Procedure, 1898. After concluding the trial, the trial court by impugned judgment and order dated 17.01.2022 convicted the petitioner under section 138 of the said Act and sentenced him to suffer imprisonment for 04(four) months and fine of Tk. 2,50,000 against which he filed Criminal Appeal No. 560 of 2023 before Session Judge, Bogura which was heard by Additional Sessions Judge, Court No. 4, Bogura. The appellate court below by impugned judgment and order affirmed the judgment and order passed by the trial court against which he filed the instant appeal.

P.W. 1 Most. Nilufa Akter is the complainant. She stated that accused Md. Rezaul Karim was known to her and he took loan of Tk. 2,50,000 from her on condition to pay the loan within the next two months. The accused issued cheque on 11.10.2020 drawn on his account maintained with Brac Bank Ltd, Bogura Branch for payment of Tk. 2,50,000. She presented the said cheque on 23.03.2021 through Shahajalal Islami Bank Ltd, Bogura Branch which was dishonored on 24.03.2021. On 31.03.2021 she sent a legal notice to the accused and he received the same on 08.04.2021. Despite the service of notice upon the accused, he did not pay the cheque amount. She proved the complaint petition as exhibit-1 and his signature on the complaint petition as exhibit-1/1, the cheque as exhibit-2, dishonoured slip as exhibit-3,