Dhaka, Sep 09 (V7N)- The High Court has ruled that an accused in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, should not be sent to jail or made to serve a sentence of simple or rigorous imprisonment if the cheque-related financial liability has been fully settled and the parties have reached a compromise.
A single-judge bench of the High Court, headed by Justice Md. Bashir Ullah, delivered the judgment on September 6 in the case of Md. Abdul Hannan Master vs. The State and Others.
In its judgment, the Court observed that the primary purpose of a cheque dishonour case is not to punish or imprison an individual, but to ensure recovery of the outstanding amount.
The High Court subsequently set aside a one-year prison sentence imposed on the convicted person after finding that the cheque amount and relevant bank dues had been paid in full and a settlement had been reached between the parties.
The Court also directed that Tk 14,100, which had been deposited with the lower court before the appeal, be handed over to BRAC Microfinance.
The ruling emphasizes the importance of settlement and recovery of outstanding financial obligations in cheque dishonour cases where the liability has been fully discharged.
END/SMA/AJ
