Full SC verdict: Cheque provider will

not be punished if there is no

agreement

File photo of the Supreme Court of Bangladesh, which houses the High Court and the Appellate
Division Dhaka Tribune

Earlier, the Appellate Division bench passed the verdict on

February 18  

The full text of an Appellate Division verdict has said anyone involved with cheque
dishonour will not be punished if there is no legal agreement between the provider
and the receiver.

According to the verdict, the cheque provider will have no responsibility if he or

she fails to fulfill the contract made under section 43 of The Negotiable
Instruments Act.
The Appellate Division bench headed by the Chief Justice Syed Mahbub Hossain
passed the verdict on February 18 and the full text of the verdict was released on
Wednesday.

During the hearing, Advocate Mansurul Haque Chowdhury and Barrister

Choudhury Murshed Kamal Tipu represented the plaintiff while Barrister Moudud
Ahmed and Advocate M Aminuddin represented the defence.

The verdict said from now on the plaintiff has to prove the reason for receiving the
cheque, which is not clarified in the related law.

On March 13, 2012, former diplomat Kayser Rashid Chowdhury made a

brokerage agreement with Abdul Kaher Shaheen to sell land in the Gulshan area.

According to the agreement Abdul Kaher agreed to sell the land within 90 days
and received four post-dated cheques of Tk 4.5 crores as brokerage, which is
13% of the land’s price.

Later, Kayser sold the land when Abdul Kaher failed to do so within the agreed
time period.

However, Abdul Kaher took the matter to a lower court where the order was in his
favour. Kayser then filed an appeal with the High Court against the lower court
order and this time the verdict, given on August 31, 2016, was against Abdul
Kaher.

Abul Kaher again filed an appeal with the Appellate Division against the High
Court order. After hearing the court, the Appellate Division gave its verdict on
February 18.