IN THE COURT OF METROPOLITAN MAGISTRATE No….. DHAKA.

C.R. Case No. of 2022

Sections: 138 of the Negotiable Instruments Act,
1881

IN THE MATTER OF:

An application under section 138 of the

Negotiable Instruments Act, 1881.

AND

IN THE MATTER OF:

Nasrin Anis
Daughter of Late Abdul Momin
Chawdhury
Of House-Navana Sambilan,Flat No-6-A
House No-3,Road No-23,Block-B,
Banani,Dhaka-1213.

…..COMPLAINANT

-VERSUS-

Masud Chowdhury
Son of Late Abdul Momin Chawdhury
Of House No-3,West Dhanmondi,
Satmasjid Road,
Mohammadpur,Dhaka-1207.

………ACCUSED

PLACE AND DATE OF OCCURANCE:

On 30.06.2022 when the cheques were

presented for encashment at Pubali
Bank Limited, Dhanmondi Branch,
P.S- Dhanmondi Police Station, Dhaka

Page 1 of 4
 and on the same day cheques were
dishonored and

On 28.07.2022 when the notice under

section 138 of the Negotiable
Instruments Act was issued and the
accused failed to pay the cheque
amount.

WITNESS:
1. Complainant;
2. Manager, Pubali Bank Limited,
Dhanmondi Branch, Dhaka.

The Complainant/petitioner most

respectfully-

SHEWETH:

1. That the complainant is a law abiding permanent citizen of

Bangladesh.
2. That the accused took a total loan of BDT 24,80,000.00
(Taka Tweenty Four Lac Eighty Thousand only) from the
complainant.

3. That the accused issued the cheque no.SBC 4563591 dated

30.06.2022 in favour of the complainant amounting to BDT
24,80,000.00 (Taka Twenty Four Lac Eighty Thousand
Only) drawn on account No. 1501100000906001 in the
name of the accused with BRAC Bank Limited in order to
adjust the debt.

4. That our client presented the said cheque no. SBC 4563591
on 30.06.2022 for encashment in it’scount maintained with

Page 2 of 4
 Pubali Bank Limited, Dhanmondi Branch, Dhaka but the
Bank returned the said cheques as unpaid with a remark
“Account Closed/Dormant/Blocked” on 03.07.2022.

5. That thereafter the Complainant on 28.07.2022 served

notice upon the accused by registered post with
acknowledgment slip in compliance with the provision of
section 138 of the Negotiable Instrument Act 1881,
demanding payment of the aforementioned cheque
amount of BDT 24,80,000.00 (Taka Twenty Four Lac
Eighty Thousand Only) within 30 (thirty) days of the
receipt of the notice with a note that in default, the
Complainant shall commence criminal proceedings
against him under the Negotiable Instruments Act 1881.
The notice was duly served upon the accused on its last
known business address.

6. That the cause of action of the instant case arose on

30.06.2022 when the aforesaid cheque was presented
for encashment at Pubali Bank Limited, Dhanmondi
Branch, P.S- Dhanmondi Police Station, Dhaka and on
the same day the said cheque was dishonoured with a
remark “Account Closed/Dormant/Blocked” and on
28.07.2022 the Complainant served notice upon the
accused by registered post with acknowledgment slip in
compliance with the provision of section 138 of the
Negotiable Instrument Act 1881, demanding payment of
the aforementioned cheque amount of BDT
24,80,000.00 (Taka Twenty Four Lac Eighty Thousand

Page 3 of 4
 Only) within 30 (thirty) days of the receipt of the notice
and the notice was duly served upon the accused on its
last known address and the Accused did not pay the
amount of BDT 24,80,000.00 (Taka Twenty Four Lac
Eighty Thousand Only) to the Complainant within 30
days of the receipt of the aforesaid notice.

7. That in view of the facts and circumstances stated

above, this Court may take cognizance in accordance
with law and the accused should be brought to justice
as provided under sections 138 of the Negotiable
Instruments Act 1881.

Wherefore, it is humbly prayed that

the learned Court may graciously be
pleased to take cognizance of the
offence, issue warrant of arrest
against the accused and bring the
accused before the Court of law for
trial for committing offence under
sections 138 of the Negotiable
Instruments Act, 1881 and/or pass
such other order or further orders as
the Court may deem fit and proper.

And for this act of kindness the Complainant as in duty

bound shall ever pray.

Page 4 of 4