July 16, 2024, 9:29 am


Director is Necessary Party in Case of Company Matters

Director is necessary party in case of company matters when the Managing Director of the Company is made party.there is no necessity for making the company a party as he represents the company. Mr Younusuzzaman (Badal) – VS- The State ( Criminal) 438 , S- 138 and 140

Stop payment- since the cheques were returned by Bank with the endorsement ” payment stopped by the drawer” it is to be presumed that those were returned unpaid because the amount of money standing to the credit of that account was insufficient to honor of the cheque as envisaged in section 138 of the Act,Of course this is a rebuttable presumtion. The defence can be considered at the time of holding trial and not in an application under section 561A of the Code- SM Redwan vs Md Rezaul Islam ( Criminal), 66 DLR (AD) 169 (s-138)

The cheque was dishonored with the endorsement “payment stop by the drawer” a clear prima facie case of the commission of the offence punishable under section 138 of the Act,has been made out against the accused. Ahmed Lal Mia vs State ( Criminal), 66 DLR (AD) 204, (s-138)

It is true that in the judgment sought to be reviewed,there has been no detailed discussions as to the point raised before the High Court Division that the respective petition of complaint having been filed before expiry of the statutory period as stipulated in clause (c) of the proviso section 138(1) of the Act,was barred by law,this division having affirmed the jufgment and order passed by the High Court Divisionwhich took the view that though the respective petition of complaint was filed before expiry under clause (b) of the proviso to section 138 was maintainable in law in fact gave the answer- Sarwar Hossain Moni vs State (Criminal) 66 DLR (AD) (2014) 180 (s-138)

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