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Appellate Division stays HC order barring case filings

Cheque dishonour
Staff Correspondent
02 Dec 2022 00:00:00 | Update: 01 Dec 2022 22:54:54
Appellate Division stays HC order barring case filings

The Appellate Division on Thursday stayed the High Court order that barred banks and financial institutions from filing any case against any person over cheque dishonour.

A five-member bench of the Appellate Division led by Chief Justice Hasan Foyez Siddiqui passed the order following a petition filed by Brac Bank. The Appellate Division stayed the HC order for two months.

On November 23, the High Court ordered that banks and financial institutions will not be allowed to file any case against any person over cheque dishonour. At the same time, the court ordered stopping the proceedings of all check dishonour cases pending in the trial court.

However, a case can be filed in the Money Loan Court only under the Money Loan Act of 2003 for loan recovery.

The High Court also instructed the lower courts to dismiss cheque dishonour cases filed by any banks or financial institutions, and send those to the Money Loan Court.

Brac Bank authorities later filed a petition with the Appellate Division seeking a stay on the High Court order. On November 28, Chamber Judge of the Appellate Division M Enayetur Rahim sent the petition for hearing in the full bench without staying the High Court order.

On June 20 of 2016, Mohammad Ali, a small businessman of Brahmanbaria, was sentenced to six-month imprisonment and fined Tk 2.95 lakh in a cheque dishonour case. Brac Bank filed the cheque dishonour case against Mohammad Ali on July 27 in 2015.

Ali appealed to the High Court against the judgment. The court then relieved him of the imprisonment and ordered him to pay back 50 per cent of the loan within the next 10 days, said his counsel Advocate Abdullah Al Baki.

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