Case Number Parties Short Description 1 Jail Appeal(H) (TN) 1339/2010 অনুবাদ (Google) Uploaded on : 28-APR-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) Momtaj Ala Zakir Ahmed vs The State and A.C.C. The offenses punishable under Section 5(2) of the Prevention of Corruption Act and Section 201 of the penal code no doubt are distinct but as the distinct offenses were committed in the course of the same transaction with the same aim in view by the accused petitioner the charge has rightly been framed by the learned Special Judge. 2 Criminal Misc 37122/2022 (Md. Mosharaf Hossain vs Mr. Md. Hafizur Rahman) অনুবাদ (Google) Uploaded on : 28-APR-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) The law does not allow him to file the instant case as a "complainant‘‘ because he is not the holder of the cheque for consideration rather he is an outsider. Therefore, the statutory requirements as provided in sections 138 and 141 of the Negotiable Instrument Act, 1881 have not been complied with in respect of this case while filing the same. 3 Criminal Misc 6004/2023 অনুবাদ (Google) Uploaded on : 28-APR-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) Mofizur Rahman Taku vs The State and another Whether a person was in charge and was responsible for the conduct of the business of the company at the relevant point of time is a question of fact and this fact cannot be entertained under section 561A of the Code of Criminal Procedure, 1898. The Cheque is an instrument issued by a person asking any financial institution to pay a fixed sum of money. It has not been given any extra qualification by giving any nomenclature. Crossed cheques, MICR, or NOn MICR cheques all are cheques under Section 6 of the instrument1881 and mentioned in sections 13, 138, and all other relevant sections of the said Act. 4 Criminal Misc 15937/2017 অনুবাদ (Google) Uploaded on : 04-APR-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) Amir Jahan Dilshad Begum and another vs The State and another The accused petitioners had any dishonest intention to deceive the money. Moreover, from a plain reading of the petition of complaint and inquiry report it manifests that the accused persons allegedly contracted to rent a shop to the complainant for Tk 1,10,000/- as a security deposit, and whilst the complainant asked the accused persons to return the said security deposit the accused persons refused to pay the money does not constitute any criminal offense. Therefore, we hold that the alleged transaction between the complaint and the accused persons is clearly and admittedly a business transaction and that the allegation brought against the accused petitioners is a civil liability and is a case of non-performance of contract or breach of contract as the ingredients of cheating are vacuous. 5 Criminal Misc 4233/2019 অনুবাদ (Google) Uploaded on : 04-APR-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) Md. Moin Ullah Chowdhury Tutul vs The State and another The learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal, Chattagram by an order dated 21.11.2017 framed the charge against the accused Senoara Begum while discharging the complainant opposite party of the instant case and others from the case. There would, therefore be a natural presumption that the tribunal after discussing shreds of evidence could not conclude that the case filed against the complainant of the instant case was false. 6 Criminal Misc 55442/2022 অনুবাদ (Google) Uploaded on : 04-APR-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) Monfor Ali and others vs The State When the police after the investigation have submitted a final report or a charge sheet once there is no scope in the scheme of the code of criminal procedure to direct the investigating officer to submit a supplementary charge sheet. 7 Criminal Misc 64210/2019 (Criminal Misc 64210/2019) অনুবাদ (Google) Uploaded on : 07-MAR-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) Md. Nayaz Ahmed vs The State and another We have no hesitation to hold that since a special provision for appeal has been made against the judgment and order of conviction and sentence passed under the Negotiable Instruments Act, 1881, no application against such judgment and order of conviction and sentence under section 561A of the Code of Criminal Procedure is maintainable at all except that the convicted person makes out a case of coram non-judice or facts alleged do not constitute any offence or conviction based on no legal evidence or for securing the ends of justice. 8 Criminal Revision 2928/2018 (Criminal Revision 2928/2018) অনুবাদ (Google) Uploaded on : 13-FEB-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) Md. Rafiqul Islam Vs. The State and another The instant criminal proceeding is not dependent on the decisions of that Artharin Suit and it can be heard and disposed of independently. The proceeding under section 138 of the Negotiable Instrument Act is under a special law that appears to be independent in nature with a very limited to the issue involved in the Artharin Suit or any other suit/case. According to the policy of the Law, criminal cases should be resolved as quickly as possible. Even if there is a civil case related to the same matter that is pending, it is not a valid reason to delay the criminal proceedings that are initiated later. 9 Criminal Misc 13238/2017 (Criminal Misc 13238/2017) অনুবাদ (Google) Uploaded on : 08-FEB-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) Md. Mahmudur Rahman Mahmud vs The State The instant case was lodged on 01.10.2014 though the 10th National Parliamentary Election was held on 5th January 2014 and the name of the elected candidates was published in the Bangladesh Gazette on 08.01.2014. Therefore it is crystal clear that the instant case was lodged violating the provision so enumerated in Article 90 of the Representation of Peoples Order,1972. 10 Civil Revision 4994/2011 (Civil Revision 4994/2011) অনুবাদ (Google) Uploaded on : 07-FEB-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) Most. Nilufa Begum vs Md. Alamgir Pramanik and another If the proceeding of the Execution case proceeds and ends by allotment of the Decreed land the Judgment debtor will suffer irreparable loss and injury. Because of the above, it appears to me that the proceedings of the Execution case should be stayed as per the provision so enumerated in Order 21 Rule 29 of the Code of Civil Procedure. 11 Criminal Appeal(H) 5991/2018 (Criminal Appeal(H) 5991/2018) অনুবাদ (Google) Uploaded on : 07-FEB-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) Abdul Baset Khan Baccu vs The State Since the DNA re-examination report is prepared and available on the record, we are of the view that as the purpose of this Criminal Appeal is resolved the appeal should be disposed of. The order of stay granted by this Court is hereby vacated. 12 Criminal Misc 69830/2023 অনুবাদ (Google) Uploaded on : 15-JAN-24 From : Bijoy 71 Building Court No. 2 (3rd Floor) Mirza Fakhrul Islam Alamgir vs The State Moreover, as the case is still under investigation without creating any impact on the investigation process we can nevertheless, state that the allegations particularly that of an attack on the residence of the Chief Justice, and forcible entrance into that house, a very serious one indeed. The Hon’ble Chief Justice is head of one of three organs of the republic and hence allegation of such an attack may be tantamount to sedition. 13 In re Dhaka/2023 (In re Dhaka Tender No. : 71938) অনুবাদ (Google) Uploaded on : 26-OCT-23 From : Bijoy 71 Building Court No. 2 (3rd Floor) Mirza Fakhrul Islam Alamgir VS The State There are prima facie allegations against the accused petitioner in the First Information Report. After the 5 investigation, police submitted a Police Report against the accused petitioner along with others. We have also found that the charge was framed by the learned Metropolitan Magistrate in total compliance with the provision so enumerated in section 221 / 222 / 223 of the Code of Criminal Procedure., having no scope to interfere with the order.