An application under Section 138 of the Negotiable Instruments Act, 1881

BEFORE THE COURT OF CHIEF METROPOLITAN MAGISTRATE, DHAKA

PETITION CASE NO. _________ OF ____

An application under Section 138 of the Negotiable Instruments Act, 1881 (as amended).

AND

IN THE MATTER OF

Bank Asia Limited

Scotia Branch

Rangs Bhaban (3rd Floor)

113-116, Old Airport Road

P. S.- Tejgaon

Dhaka-1215

Represented by

Mr. X

Son of Y

Age- ______ years

Executive Officer

Bank Asia Limited

Scotia Branch

Rangs Bhaban (3rd Floor)

113-116, Old Airport Road

P. S.- Tejgaon

Dhaka-1215

COMPLAINANT

-Versus-

Mr. A

Proprietor

M/s Z Enterprise

House No. 06 (2nd Floor)

Road No. 17/A

Block # E

Banani

Dhaka

ACCUSED

Place of occurrence

Bank Asia Limited

Scotia Branch

Rangs Bhaban (3rd Floor)

113-116, Old Airport Road

P. S.- Tejgaon

Dhaka-1215

Summary of the Suit:

Cheque No. Dated Amount Date of dishonour
33113182 30.12.2006 Tk. 96,00,000.00 05.02.2007
33113184 30.12.2006 Tk. 30,00,000.00 05.02.2007
Total Tk. 1,26,00,000.00

Date of Legal Notice: 13.02.2007

Date of Legal Notice receipt: Acknowledgment receipt not returned yet.

The humble petition on behalf of the complainant most respectfully –

SHEWETH:

1. That the complainant is a Banking company incorporated with Limited liability in Bangladesh under the relevant Companies Act and duly carrying on banking business in Bangladesh under the relevant laws having its Branch Office at the address given in the cause title (hereinafter referred to as the “Complainant”).

2. That the Accused is a businessman by his profession. He has his addresses as given in the cause title, which are correct to best of the knowledge of the Complainant.

3. That in order to discharge partial loan liability of the Accused with the Complainant, the Accused issued following 02 (two) cheques in favour of our client, particulars of which are given below, drawn on your account No. 000733000548 maintained with The Bank Asia Limited, Scotia Branch, Dhaka in order to discharge of your loan liability in part with our client:

Cheque No. Dated Amount Date of dishonour
33113182 30.12.2006 Tk. 96,00,000.00 05.02.2007
33113184 30.12.2006 Tk. 30,00,000.00 05.02.2007
Total Tk. 1,26,00,000.00

4. That the Complainant presented the aforesaid cheques for encashment but the each cheques were returned unpaid with remark “insufficient fund” in the respective Memos issued by the The Bank Asia Limited, Scotia Branch, Dhaka on the dates as mentioned above.

5. That after dishonour of the cheques a notice dated 13.02.2007 under section 138 of the Negotiable Instruments Act, 1881 (as amended) was served through the lawyer of the Complainant by registered post with A/D upon the Accused requesting for payment of the said cheques amount i.e. total Tk. 1,26,00,000.00 (Taka one crore twenty six lac) only within 30 (thirty) days of the receipt of the notice.

6. That the acknowledgement receipt of the notice addressed to the Accused have not returned yet.

7. That the said notice(s) served by the Complainant upon the Accused will be deemed to be duly served as per sub-section 1A of the section 138 of the Negotiable Instruments Act, 1881 (as amended).

8. That issuing of such cheques towards discharge of any debt or liability and subsequent dishonour due to insufficiency of funds is criminal offence on the part of the issuer of such cheque in accordance with the provisions of section 138 of the Negotiable Instruments Act, 1881 (as amended).

9. That the aforementioned cheques were issued by the accused and have been dishonoured by the drawee bank on the ground of “insufficient fund” which made the Accused criminally liable and to be punished accordingly.

10. That in view of the facts and circumstances stated above, this court may take cognizance in accordance with section 141 of the Negotiable Instruments Act, 1881 (as amended) and the Accused should be brought to justice as provided under section 138 of the Negotiable Instruments Act, 1881 (as amended).

Wherefore it is humbly prayed that the Hon’ble Court may graciously be pleased to take cognizance of the offence, issue warrant of arrest against the Accused, and bring the Accused to justice for the offence committed by him and/or pass such other or further order or orders as it deems fit and proper.

And for this act of kindness the complainant as in duty bound shall ever pray.

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