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Mr. Abu Yahia Dulal, D.A.G with
Mr. Mafiz Uddin, A.A.G with
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24.06.2024 Heard the learned Advocate Mr. Mohammad Noor Hossain who
appeared on behalf of the convict-petitioner and the learned Deputy Attorney General Mr. Abu Yahia Dulal who appeared on behalf of the State.
The delay of 43 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 11.03.2024 passed by the Senior Sessions Judge, Moulvibazar in Criminal Appeal No. 365 of 2023 allowing the appeal in part & thereby imposing the fine of Tk. 1,30,300 (one lakh thirty thousand & three hundred taka only) to be deposited within 30(thirty) days from the date of judgment, in default to uphold the judgment and order of conviction and sentence dated 18.06.2023 passed by the Joint Sessions Judge, Second Court, Moulvibazar in Sessions Case No. 240 of 2020 arising out of C.R Case No. 371 of 2019 (Kulaura) convicting the 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. 1,30,300 (one lakh thirty thousand & three hundred taka only) 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.
Let the convict-petitioner Sadikur Rahman Parvej (Kutoi), son of late Nesar Ali be enlarged on bail for 6(six) months from the date on furnishing bail bond to the satisfaction of the Joint Sessions Judge, Second Court, Moulvibazar.
The office is directed to serve the notice 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.