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The full judgment of the Appeals Chamber of the Supreme Court has been issued to the effect that as of now, even if a valid agreement on the transaction between the giver of the check and the recipient cannot be proven, the designer of the check it will not be sanctioned. As a result of this judgment, the plaintiff must now prove whether the check issuer issued the check based on an agreement or consideration and the agreement has not failed, so that the plaintiff’s debt with the defendant is valid.
A copy of the verdict was published on Wednesday (September 16) after the signatures of the judges of the Appeals Division headed by Chief Justice Syed Mahmud Hossain.
Previously, on February 17, 2019, the Appeals Division resolved an appeal and announced the verdict.
Previously, the giver of the check was punished only if the check was rejected. It was not seen if there was any reason for the check recipient to obtain the money at the checkpoint. But from now on, the check recipient has to prove that there was some valid agreement regarding the transaction between the check payer and the check recipient. Therefore, if you cannot show any valid reason to receive the check, the issuer of the check will now not be penalized.
Incidentally, the 30 katha land in North Gulshan owned by the younger brother of the late Humayun Rashid Chowdhury, the wife of former diplomat Kaiser Rashid Chowdhury (deceased) Samchi Khanam, was leased to the US embassy for 110 years on September 5. from 1989 under a lease. Since the lease was not registered, the heirs of the late Samchi Khanum, Imran Rashid Chowdhury, Parvez Rashid Chowdhury and Zeenat Rashid Chowdhury, decided to sell the land.
Upon learning of the matter, a person named Abul Kaher Shahin contacted Imran Rashid Chowdhury. There are buyers who are interested in buying the land at the current market price of 150 million rupees and he can sell it, he said.
On the basis of that guarantee, Imran Rashid Chowdhury signed a memorandum of understanding with Shaheen on March 13, 2012. In accordance with the terms of the agreement, he will sell the land at current market price within 90 business days and Shaheen will get the 13 % as an intermediary. Then, Imran Rashid Chowdhury wrote four checks for 45 million taka payable to Abul Kaher Shahin mentioning the following date. But even after 90 days, Shaheen failed to attract buyers at the current market price. As a result, the agreement was no longer valid.
Subsequently, the land owners entered into a foreclosure agreement with the United States Embassy, the land tenant, on August 18, 2012, and finally executed the deed of sale on July 3, 2013. He then asked Shahin to return the checks.
Meanwhile, Abul Kaher Shaheen continued to seek illegal profit by failing to return the four checks issued on that following date. At one point, he presented the check to the bank for four cash payments. Meanwhile, if Imran Rashid Chowdhury keeps the checks in the bank with ‘Stop Payment Instruction’, they are disgraced as usual. Shahin then brought a case against the check designer in Sylhet’s court and obtained the verdict in his favor.
Imran Rashid Chowdhury filed a criminal appeal against the verdict in the Superior Court Division. Following the hearing, the High Court granted the appeal and acquitted Imran Rashid Chowdhury on August 31, 2016. Subsequently, Abul Kaher Shahin filed an appeal in the Supreme Court against the verdict. The appeals division, headed by the Chief Justice, delivered its verdict on February 18 this year. The judgment of the Superior Court was confirmed.
Lead attorney Mansurul Haque Chowdhury and attorney Chowdhury Murshed Kamal Tipu appeared for the plaintiff in the case. On the other side were the lawyer Moudud Ahmed and the main lawyer AM Amin Uddin.
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