Present :

     Mr. Justice Ashish Ranjan Das.

Criminal Appeal No. 844 of 2017

In the matter of:

Sheikh Md. Nazrul Islam

                        .....            Appellant

         -Versus-

The State and another

               .........          Respondents. None appears

                 .....For the appellant.

       Mr. Mohammad Serajul Hoque, Advocate             ….. Respondent No.2

Mr. Kazi Eliasur Rahman, A.A.G. with Ms. Tahmina Sultana, A.A.G

... For the State

Heard on:12.12.2022,02.01.2023 &10.01.2023 Judgment on: 12.01.2023

Ashish Ranjan Das, J:

Learned Additional Sessions Judge, 1st Court, Gazipur by his  judgment dated 10.11.2016 passed in Sessions Case No.l223 of 2014 convicted the accused appellant  under  section  138  of  the  Negotiable Instruments Act of 1881 and sentenced him to suffer rigorous imprisonment for 1(one) year followed by a fine of Tk. 6,00000/- (Six lacs)  out of  which

3,00000/- to be paid to the government exchequer.

The judgment was pronounced in absentia. In this  stage  also  the  appellant  took adjournment  but finally  remained absent. However, I have heard the learned advocate for the complainant respondent and the learned Deputy Attorney General.

Short fact relevant for the purpose is that the appellant borrowed an amount from the complainant and  on  the  pretext  of  repayment   he  gave  him  a cheque for Tk. 3,00,000/- on 30.09.2012 drawn on  Janata Bank Limited, Magbazar branch account No. 4287.  But  the  cheque  was  dishonored for non- availability of fund. The complainant sent a demand notice but of no avail. Cognizance was taken and the matter  was  tried  by  the  1st.  court  of  Additional Sessions Judge, Gazipur. At that stage the appellant pleaded not guilty and claimed to be tried. But in trial the  appellant  remained  absent.  Hence  the  defence

version could not be known.

The defence version even could not be  known from the grounds taken in appeal in terms of facts, there was no denial of issuance of the disputed cheque.

Thus, I find the trial court was not at fault in passing the judgment of conviction and sentence.

As a result, the appeal fails and the same is therefore dismissed. The judgment of conviction and sentence dated 10.11.2016 passed in Sessions Case No.l223 of 2014 by the learned Additional Sessions Judge,  1st  Court,  Gazipur  is  hereby  upheld.  The appellant is directed to surrender before the trial court in order to serve out the sentence.

Communicate  the  judgment  and  order  to  the court below.

Send down the L.C.R.

                          (Justice Ashish Ranjan Das)