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No person can be convicted in this case if he does not prove the valid exchange of the check. Section 138 of the NI Act requires proof of a valid reason for consideration or receipt of a check in a check designer case. The Appellate Division of the Supreme Court has issued this landmark verdict to ease the suffering of the candidates in the Czech Dishonor case. A four-judge Appellate Division bench headed by Chief Justice Syed Mahmud Hossain delivered the 20-page verdict.
The verdict was announced on February 18 of this year after resolving an appeal. The other judges on the court are Judge Hasan Fayez Siddiqui, Judge Jinat Ara, and Judge Md. Nuruzzaman.
Lawyer Abdullah Al Mahmoud Masood, one of the lawyers in the case, confirmed the verdict, saying that, in most cases, the payer of the check would have been punished if the check had been rejected earlier. There was no obligation or direction to see if there was any reason for the check recipient to receive the money in the check. From now on, the recipient of the check must demonstrate that there was a valid agreement regarding the transaction between the issuer of the check and the recipient of the check. If you do not show a valid reason to receive the check, the payer will no longer be penalized.
Supreme Court attorney Atiqur Rahman Khan said that according to the latest decision of the Appellate Division in the case of the check designer, the consideration in the case of the check must be proven. You don’t have to be a check designer, you have to have a valid contract.
He said that before, if the check was rejected, the giver of the check would be punished. If there is any reason to put the chevagrahi money on the check, it was not seen. From now on, the check holder has to prove that there was a valid transaction agreement between the check writer and the check holder. The giver of the check will not be penalized if he cannot prove a valid reason for receiving the check.
A bench of the appeals division headed by the Chief Justice delivered the verdict on February 18. Whose complete copy has been published.
According to the lawsuit, 30 katha land in North Gulshan owned by the younger brother of the late Humayun Rashid Chowdhury, wife of former diplomat Kaiser Rashid Chowdhury (deceased) Samchi Khanam, was leased to the US embassy for 110 years on September 5. 1989. Since the lease was not registered and the heirs of the late Samchi Khanum (Imran Rashid Chowdhury, Parvez Rashid Chowdhury and Zeenat Rashid Chowdhury) decided to sell the land following various incidents.
Upon learning of the matter, a man named Abul Kaher Shahin contacted Imran Rashid Chowdhury and told him that there was a buyer who was interested in buying the land at the current market price of Tk 150 crore and that he could sell it. On the basis of that guarantee, Imran Rashid Chowdhury signed a memorandum of understanding with Shaheen on March 13, 2012 in good faith. Under the terms of the deal, he will sell the land at current market price within 90 business days and Shaheen will get 13 percent as a broker.
Imran Rashid Chowdhury then issued four checks worth 45 million taka to Abul Kaher Shahin. But even after 90 days, Shaheen couldn’t find a buyer at the current market price. As a result, the agreement was invalidated.
Subsequently, on August 18, 2012, the owners signed a deposit agreement with the United States Embassy, the tenant of the land, and finally executed the deed of sale on July 3, 2013. He then asked Shahin to ask him return the checks. Shahin did not return the four dated checks and continued to conspire for illegal profit. At one point, he presented the check to the bank for four cash payments. Meanwhile, if the checks given to Imran Rashid Chowdhury Shahin are kept in the bank with ‘Stop Payment Instruction’, they are dishonored as usual. Shaheen 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 on August 31, 2017 acquitted Imran Rashid Chowdhury of the charges. Shahin filed an appeal against the verdict in the Appellate Division of the Supreme Court. Court No. 1 of the Appeals Division headed by the Chief Justice dismissed the appeal on February 16 of this year after a lengthy hearing and confirmed the Superior Court ruling. The full verdict on the appeal was released on September 6. Boss
Ittefaq / KK
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