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The giver of the check cannot be penalized if the check is rejected. To reject the check, the plaintiff must prove to the court that he is the true creditor. A valid reason for receiving the check must also be shown. The Appeals Division of the highest court in the country has rendered its verdict in a case against Imran Rashid Chowdhury, nephew of former President Humayun Rashid Chowdhury, for rejecting a check for Tk 4.5 crore.
The court said that if the check is written on the basis of an agreement, and if that agreement is not honored, the giver of the check has no liability. Or no complaint can be made on the basis of that control.
A bench of four judges from the Appeals Division headed by Chief Justice Syed Mahmud Hossain approved the verdict in the case on February 18, a full copy of which was posted on the Supreme Court website on Wednesday.
Abul Kaher Shahin’s application was rejected by the highest court in the country. Lead attorney Munsurul Haque Chowdhury conducted the case on behalf of the petitioner. Lawyer Moudud Ahmed was on the other side.
Attorney Munsurul Haque Chowdhury told Kaler Kanth that in the verdict handed down by the Appeals Division, the punishment cannot be given only if the check is rejected. The plaintiff rejecting checks must prove in court that he is the true creditor. The giver of the check cannot be punished if he cannot prove a valid reason for giving the check.
It is known that after the death of Samchi Khanam, wife of former President Humayun Rashid Chowdhury’s younger brother, Kaiser Rashid Chowdhury, their three sons Imran Rashid Chowdhury, Parvez Rashid Chowdhury and Zeenat Rashid Chowdhury inherited 30 kathas of land in Gulshan from their property. . The land was later sold to the United States Embassy. Before selling the land, a man named Abul Kaher Shahin contacted Imran Rashid Chowdhury. He told Imran Rashid Chowdhury that he would sell the land for Tk 150 crore. There is an agreement between them. The agreement was reached on March 13, 2012, in which it was said that if they could sell the land at market price within 90 days, they would get 13 percent of the sale price as a commission. Following this agreement, Imran Rashid Chowdhury gave four checks worth Tk 4.5 crore to Abul Kaher. Imran Rashid Chowdhury wanted four checks returned because he could not sell the land within the stipulated time. But Kaher did not return the check. On July 3, 2013, Imran Rashid sold the land to the United States Embassy. He then informed the bank that the four checks should not be cashed. When Abul Kah’s checks were deposited at the bank, they were rejected as usual. He filed four separate cases against Imran Rashid at the Sylhet court in 2013 and 2014. On February 17, 2016, the court sentenced Imran Rashid to four years in prison (one year in prison in each case) and a fine of Tk 9 crore. After appeal, the Superior Court acquitted him on August 31 of that year. The following year, Abul Kaher appealed to the Appeals Division against the verdict. The Appeals Division dismissed her request and rendered its verdict on February 18.
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