• Wednesday, Sep 23, 2020
  • Last Update : 01:06 am

Full SC verdict: Cheque provider will not be punished if there is no agreement

  • Published at 03:46 pm September 16th, 2020
High Court-SC-court
File photo of the Bangladesh Supreme Court 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.

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