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04.03.2024 Heard the learned Advocate Mr. Abdul Awal who appeared on
behalf of the convict-petitioner and the learned Assistant Attorney General Mr. A. Monnan (Manna) who appeared on behalf of the State.
The delay of 319 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 of conviction and sentence dated 15.02.2023 passed in Criminal Appeal No. 127 of 2021 by the Session Judge, Chuadanga by dismissing the petition of appeal and upholding the judgment and order dated 02.09.2021 passed by the Joint Sessions Judge, First Court, Chuadanga in Sessions Case No. 581 of 2019 arising out of C.R No. 241 of 2019 (Chuadanga) by convicting the petitioner under Section 138 of the Negotiable Instrument Act, 1881 and sentencing him to suffer simple imprisonment for 01(one) year and also pay a fine of Tk. 2,00,000 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. Pending hearing of the Rule realization of fine be stayed.
Learned Advocate Mr. Abdul Awal appearing on behalf of the
convict-petitioner submits that both the parties settle the matter out of Court and the convict-petitioner has no objection if the Court allow the complainant-opposite party to withdraw the 50% of the cheque amount
deposited by the convict-petitioner before filing the appeal.
Pending hearing of the Rule, let the convict-petitioner Md. Ruhul Amin, son of late Chader Ali Mondol be enlarged on bail for 6(six) months from the date on furnishing bail bond to the satisfaction of the Session Judge, Chuadanga.
The trial Court below is directed to allow the complainant opposite party to withdraw the 50% of the cheque amount deposited by the convict- petitioner before filing the appeal forthwith.
The office is directed to serve the notices upon the opposite parties by usual course as well as registered post with acknowledgment receipt.
The convict-petitioner is directed to put in the requisites forthwith.