IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL REVISIONAL JURISDICTION)  

Present:

Mr. Justice Mamnoon Rahman

Criminal Revision No. 2805 of 2023 Md. Uzzal Hossain

     ….Petitioner. Versus.

The State and another

.…... Opposite Parties

Mr. Md. Najmul Huda, Adv.

…… For the Petitioner Mr. Mohammad Taifoor Kabir, DAG with

Mr. Md. Lokman Hossain, AAG

Mr. Md. Hatem Ali, AAG

…… For the Opposite Party No. 1 Ms. Fariha Zaman, Advocate

… For the Complainant-Opposite Party No. 2

Heard on: 22.02.2024 And

Judgment on: 30.05.2024

Rule was issued calling upon the opposite parties to show cause as to  why  the  judgment  and  order  of  conviction  and  sentence  dated 22.05.2022  passed  by  the  Additional  Sessions  Judge,  Gaibandha  in Criminal  Appeal  No.  130  of  2019  dismissing  the  appeal  thereby affirming  the  judgment  and  order  of  conviction  and  sentence  dated 22.01.2019 passed by the Joint Sessions Judge, 2nd Court, Gaibandha in Sessions Case No. 106 of 2018 arising out of C.R. No. 367 of 2017 convicting the petitioner under Section 138 of the Negotiable Instruments Act- 1881 and sentencing him to suffer simple imprisonment for one year and to pay a fine of Tk. 14,67,908/-  should not be set aside and/or such

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other or further order or orders passed as to the Court may seem fit and proper.

I have heard the learned Advocate for the petitioner as well as complainant-opposite party No. 2. I have perused the revisional application, grounds taken thereon, supplementary affidavit as filed by the petitioner, counter-affidavit as filed by the complainant-opposite party No. 2 as well as necessary papers and documents annexed herewith.

At the very outset the learned Advocate for the complainant- opposite party No. 2 submits that in the meantime the petitioner has adjusted most of the amounts and the rest dues is Tk. 1,33,953/- out of the cheque amount. Since the petitioner has paid the most of the amounts as admitted by the learned Advocate for the bank as well as reflected in the supplementary-affidavit the instant rule be disposed of in the following terms;

1.    The impugned judgment and order passed by the both the courts below so far it relates to sentence of one year is hereby set aside.
2.    The petitioner is directed to pay the remaining balance of Tk. 1,33,953/- within 60(sixty) days from the date of receipt of the instant order without fail in default the petitioner shall suffer simple imprisonment for 7(seven) days.

Send down the lower Court’s records (LCR) at once. Communicate the judgment and order to the Court concerned forthwith.

(Mamnoon Rahman,J:)