Md. Sirajuddwla Vs. The State and Ors. [2016] 1LNJ(HCD)177.

The case involved Md. Sirajuddula as the accused-petitioner and Eastern Bank as the complainant
in all six cases. The accused had obtained credit facilities from Eastern Bank and, in order to
discharge his loan liability, had provided separate cheques to the bank. When these cheques were
presented for encashment, they were dishonoured due to insufficient funds in the accused's
account.
Following the statutory procedure under Section 138 of the Negotiable Instruments Act, 1881,
Eastern Bank filed six separate criminal cases against the accused. These cases were ultimately
transferred to the Court of Additional Metropolitan Sessions Judge. Simultaneously, on July 31,
2012, the bank had filed Artha Rin Suit No. 90 of 2012 before the Artha Rin Adalat recovery of
Tk. 39,12,98,043.39 from the accused for the same loan transactions.
Petitioner instant applications filed under section 561A of the Code of Criminal Procedure in
which he prayed for quashing the respective proceedings under section 138 of the Negotiable
Instruments Act, 1881.

1. Md. Sirajuddwla Vs. The State and Ors. [2016] 1LNJ(HCD)177. Prepared by: Prepared for: Mirza Farzana Iqbal Chowdhury \ Assistant Professor Department of Law, Green University of Bangladesh Syed Alamgir Hussain ID: 223011029 Department of Law, Green University of Bangladesh Course title: Law of Criminal Procedure-II Course code: LLBH 311

2. Facts of the Case Parties:  Md. Sirajuddula (accused) vs Eastern Bank (complainant) Transaction:  Accused obtained credit facilities from Eastern Bank Cheques:  Provided separate cheques to discharge loan liability Dishonour :  All cheques were dishonoured due to insufficient funds Criminal Cases:  Bank filed 6 cases under Section 138, Negotiable Instruments Act, 1881 Civil Suit:  Simultaneously filed Artha Rin Suit No. 90/2012 for Tk. 39,12,98,043.39 Challenge:  Accused sought quashing under Section 561A, CrPC

3. Party Arguments

4. CONSEQUENCES OF ADOPTION

5. Thank you! If you have any question, you may ask ? Contact: [email protected]