(On Bail)

-----Accused-Petitioner
-----Accused-Petitioner
Rahman (Robin)
Md. Mustafizer Rahman (Robin)

Accused-Petitioner
________________________
________________________
(On Bail)

Sarwar)
(Golam Sarwar)
Advocate
For the Advocate
(Golam
Md. Mustafizer

Through-
Through-
DISTRICT - BOGURA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION)

CRIMINAL MISCELLANEOUS CASE NO. OF

2023

IN THE MATTER OF:

An application under section

561A of theCode of Criminal

Procedure, 1898 for quashing

the proceedings. (Against

Proceedings).

-A N D-

IN THE MATTER OF:

Md.Mustafizer Rahman

(Robin),

Son of Md. Abu Helal,

 =2=

Of village- Town Colony

(Hospital Road near Bisho

Road),

Post Office- Sherpur,

Police Station- Sherpur,

District- Bogura.

….Accused-Petitioner
(On
bail)

-V E R S U S-

1. The State

….Opposite Party

2. Khondakar Sha Alom,

Son of late Khondakar

Muklesar Rahman,

Of village- Sherpur Khondaker

Para ,

Post Office- Sherpur,

Police Station-Sherpur,

District- Bogura .
 =3=

....Complainant - Opposite

Party

-A N D-

IN THE MATTER

Proceeding of Session Case No.2217

of 2022 arising out of C.R Case

No.130 of 2022 Under Section 138

of the Negotiable Instruments Act,

1881, now pends before the learned

Joint Sessions Judge 1ST Court,

Bogura.

To

Mr. Justice Hasan Foez Siddique, the Hon’ble Chief

Justice of Bangladesh and his companion Justices of the

said Hon’ble Court.

The humble petition on behalf of the

accused-petitioner above named

most respectfully-
 =4=

S H E W E T H:

1. That the instant petition under section 561A of the

Code of Criminal Procedure is being preferred for

quashing the proceedings of Session Case No.2217 of

2022 arising out of C.R Case No.130 of 2022 Under

Section 138 of the Negotiable Instruments Act, 1881, now

pends before the learned Joint Sessions Judge 1 ST Court,

Bogura.

2. That the complainant-opposite party no.2, as a

complainant filed a C.R. Case before the learned Senior

Judicial Magistrate Court, Bogura against the sole

accused person alleging inter alia that the accused took

loan by talking about her business from the complainant

of Tk.25,00,000/- (Twenty Five Lac) only, but the

accused failed to pay the loan amount. Later, after much

insistence of the complainant, that the accused issued a

cheque in the name of the M/s Khan traders dated

30.01.2022 account being No. 22411010002482 which

 =5=

maintained with the Prime Bank Limited, Sherpur

Branch , Bogura to the complainant for paid his dues

money. That thereafter on 30.01.2022 the complainant

submitted the said cheque before the Bank for

encashment but the same was return for insufficient

money with a dishonour slip. That after on 09.02.2022

the complainant sent a legal notice under section 138 of

the Negotiable Instruments Act, 1881 upon the accused

by giving time of 30 days but she also failed to pay the

same. Thereafter the complainant filed the instant case

against the accused person. Hence the case.

Certified copy of the Complaint petition

is annexed herewith and marked as

ANNEXURE-A.

3. That the learned Metropolitan magistrate Court

examined the complainant under section 200 of the Code

of Criminal Procedure, 1898 and further pleased to take

 =6=

cognizance against the accused-petitioner under Section

138 of The Negotiable Instruments Act, 1881 and also

pleased to issue summons upon the accused-petitioner.

That thereafter the accused-petitioner appeared before

the Court below with an application for bail and upon

hearing she was enlarged on bail.

4. That the case record was transmitted before the

Court of Sessions Judge, Bogura for trial and disposal

and renumbered the same as Sessions Case No.2217 of

2022 and who was also pleased to send the case record

to the Joint Sessions Judge, 1nd Court, Bogura for

disposal.

5. That on 14.05.2022 the petitioner filed an

application under section 265 C of the Code of Criminal

Procedure and prayed for discharge but the learned Joint

Sessions Judge, 1nd Court, Bogura framed the charge

without discussing the discharge petition. More so, the

learned Joint Sessions Judge, 1nd Court, Bogura neither

 =7=

controverse the accused petitioner plea nor discussed

about the points raised by the petitioner which clearly

shows the non implication of mind of the court and as

such the impugned order 14.05.023 is liable to be

quashed.

The Certified copy of the discharge

application is annexed herewith and

marked as Annexure- “B”

6. That the petitioner was again granted bail by the

learned trial court and eventually the case came up for

charge hearing. On 14.05.2022, the charge was framed

by the trial court against the accused petitioner under

section 138 of the Negotiable Instruments Act.

The Certified copy Charge Framed

Order sheet is annexed herewith

and marked as Annexure- “C”

 =8=

7. That it is submitted that there is no specific

allegation and ingredient of offence which may come

under the purview of under section 138 of the Negotiable

Instruments Act, 1881 and the proceeding is sheer abuse

of the process of the Court and as such impugned

proceeding of the case may kindly be quashed.

8. That it is submitted that to secure the ends of

justice and to secure the abuse of the process of the

court the proceedings of the instant case may kindly be

quashed as there is a legal bar against the initiation or

continuation of the instant proceeding.

9. That it is submitted that the prosecution case is

groundless, frivolous, vexatious, oppressive, preposterous

and barred by law and as such the proceeding of the case

may kindly be quashed.

10. That it is submitted that in order to prevent the

abuse of the process of the court and to secure the ends

 =9=

of justice the aforesaid criminal proceedings against the

accused-petitioner should not continue, hence the

proceedings of the case may kindly be quashed.

11. That being aggrieved by and dissatisfied with the

impugned proceedings the petitioner begs to prefer this

application on the following amongst other: -

-G R O U N D S-

I. For that there is no specific allegation

and ingredient of offence which may come under the

purview of under section 138 of the Negotiable

Instruments Act, 1881 and the proceeding is sheer abuse

of the process of the Court and as such impugned

proceeding of the case may kindly be quashed.

II. For that to secure the ends of justice

and to secure the abuse of the process of the court the

proceedings of the instant case may kindly be quashed as

 =10=

there is a legal bar against the initiation or continuation

of the instant proceeding.

III. For that the prosecution case is

groundless, frivolous, vexatious, oppressive, and

preposterous and barred by law and as such the

proceeding of the case may kindly be quashed.

IV. For that in order to prevent the abuse

of the process of the court and to secure the ends of

justice the aforesaid criminal proceedings against the

accused-petitioner should not continue, hence the

proceedings of the case may kindly be quashed.

WHEREFORE, it is most

respectfully prayed that your

lordships would be graciously be

pleased call for the records, issue a

Rule calling upon the opposite

parties to show cause as to why the

 =11=

impugned Proceedings Proceeding of

Session Case No.2217 of 2022

arising out of C.R Case No.130 of

2022 Under Section 138 of the

Negotiable Instruments Act, 1881,

now pending before the learned

Joint Sessions Judge 1ST Court,

Bogura. should not be quashed and

after hearing the parties and

perusing the records, cause shown,

if any, be pleased to make the Rule

absolute and/or pass such other or

further order or orders as your

Lordships may deem fit and proper.

AND

Pending hearing of the Rule further

be pleased to stay all further

Proceedings of Session Case

No.2217 of 2022 arising out of C.R

 =12=

Case No.130 of 2022 Under Section

138 of the Negotiable Instruments

Act, 1881, now pends before the

learned Joint Sessions Judge 1ST

Court, Bogura.

And for this act of kindness the petitioner as in duty

bound shall ever pray.