The court established that a delay in filing a criminal revision could be condoned, allowing for conditional bail and compliance with legal obligations.

Headnote:The court has considered the provisions of the Negotiable Instruments Act, 1881, particularly Section 138, in relation to the conviction of the convict-petitioner. The appellant was convicted for dishonoring a cheque and sentenced to simple imprisonment and a fine. The court determined the legality of the conviction in light of procedural fairness. The primary issues included whether the delay in filing the revision could be condoned and the merit of the appeal against the lower court's decision. The court found it appropriate to condone the delay and grant bail to the convict-petitioner, thereby allowing him time to comply with the conditions stipulated.

14.01.2025 Heard the learned Advocate Mr. Khandker Khaliqur Rahman who

appeared on behalf of the convict-petitioner and the learned Assistant Attorney General Ms. Sharmin Hamid who appeared on behalf of the State.

The delay of 180 days in filing criminal revision is condoned. Records be called for.

Let a Rule be issued calling upon the opposite parties to show cause as to why the judgment and order dated 16.05.2024 passed by the Additional Sessions Judge, Court No. 3, Satkhira in Criminal Appeal No. 202 of 2023 disallowing the appeal and thereby upholding the judgment and order dated 13.03.2023 passed by the Judge of First Joint Sessions Court, Satkhira in Sessions Case No. 483 of 2017 arising out of CR Case No. 129 of 2017 (Sat:) convicting the convict-petitioner under Section 138 of the Negotiable Instruments Act , 1881 and sentencing him to suffer simple imprisonment for 6(six) months and also to pay a fine of Tk. 8,00,000 (eight lakh) should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.

The Rule is made returnable within 4(four) weeks from date.

Let the realization of fine be stayed.

Learned Advocate Mr. Khandker Khaliqur Rahman appearing on behalf of the convict-petitioner submits that the convict-petitioner shall pay the remaining 50% of the cheque amount Tk. 4,00,000 within next six months and he prayed for bail of the convict-petitioner.

Considering the submission of the learned Advocate for the convict-petitioner, I am inclined to enlarge him on bail.

Let the convict-petitioner Md. Jahangir Hossain, son of late Abdus Sattar Morol be enlarged on bail for 6(six) months from the date on furnishing bail bond to the satisfaction of the Additional Sessions Judge, Court No. 3, Satkhira.

The convict-petitioner is directed to file the affidavit of compliance if the order granting bail is required to be extended.

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