The Chamber Court of the Appellate Division of the Supreme Court Tuesday suspended the judgment regarding the opinion of the High Court, saying that sending someone to jail in Cheque Dishonour Case is conflicting with the article 32 of the Constitution.
Appellate Division Chamber Court Justice M Enayetur Rahim gave this order after hearing the plea of the state. Also, the court fixed November 14 for further hearing in the Appellate Division.
On August 28, a single High Court bench of Justice Md Ashraful Kamal gave its opinion regarding the settlement of several cases related to cheque dishonour.
In the judgment, the High Court said that Section 138 of the Negotiable Instruments (NI) Act, 1981, is conflicting with the article 32 of the Constitution. Also, jailing a person for dishonouring a cheque is against article 11 of the International Covenant on Civil and Political Rights (ICCPR), and Bangladesh is a signatory to the agreement.
Making an observation that a person cannot be imprisoned merely for failure to fulfill the terms of a contract, the High Court also opined and suggested the National Assembly to amend Section 138 of the NI Act.
Later, Attorney General AM Amin Uddin filed an application asking to stay the verdict. The judgment of the High Court was suspended today by the Chamber Court of the Appellate Division.
