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The full judgment of the Appeals Division has been issued to the effect that from now on, the check will not be sanctioned if it does not demonstrate any valid agreement regarding the transaction between the giver of the check and the recipient. As a result of this judgment, the plaintiff has to prove from now on whether the check issuer wrote the check on the basis of an agreement or consideration and the agreement has not failed because the plaintiff’s debt to the defendant is valid. The 20-page verdict was released recently after the signatures of the judges of the Appeals Division headed by Chief Justice Syed Mahmud Hossain.
Lawyer Abdullah Al Mahmoud Masud, a lawyer in the case, said the verdict would be published on Wednesday.
In this regard, lawyer Abdullah Al Mahmoud Masood said that in most cases, if the check was rejected, the payer of the check would be punished. 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 has to prove that there was a valid settlement agreement between the giver 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.
It further said that, as a result of the Appeals Division’s ruling, the valid exchange of checks between the giver of the check and the recipient must be proven based on evidence. No person is convicted in a check case if they do not prove valid cashing of the check. As a result of this verdict, the check payers had the opportunity to prove their innocence. Apart from this, the verdict will reduce the suffering and harassment of the candidates in the cases related to the check.
An appeals bank headed by the Chief Justice approved the order on February 18. A full copy was recently published.
By the way, the 30 katha land in North Gulshan owned by Samchi Khanam, the younger brother of the late Humayun Rashid Chowdhury, the younger brother of the late Humayun Rashid Chowdhury, wife of the late diplomat Kaiser Rashid Chowdhury, was leased to the United States Embassy. United for 110 years on September 5, 1989. Since the lease was not registered and in light of various facts, 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 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 agreement, he will sell the land at the 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, Shahin failed to attract any buyers at the current market price. As a result, the agreement was invalidated. Subsequently, on August 18, 2012, the owners entered into a preliminary agreement with the United States Embassy, the tenant of the land, and finally executed the deed on July 3, 2013. He then asked Shahin to return the checks.
On the other hand, Abul Kaher Shahin did not return the four dated checks and continued to conspire for illegal profits. At one point, he presented the check to the bank for four cash payments. Meanwhile, if the checks delivered to Imran Rashid Chowdhury Shahin are kept in the bank with a “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. In this context, the High Court Chamber granted the appeal after the hearing and on August 31, 2016 acquitted Imran Rashid Chowdhury of the charges in the case. Abul Kaher Shahin filed an appeal to the Supreme Court against the verdict. A court of the Appeals Chamber chaired by the President of the Supreme Court, after a long hearing, dismissed the appeal (Appeal No. 63/64/75/6/2018) on February 17 of this year and confirmed the sentence of the Superior Court.
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