'Check dishonour' case cannot be filed with that check taken as security - court

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'Check dishonour' case cannot be filed with that check taken as security - court

The verdict said that no bank or financial institution can file a check dishonor case against an individual or organization in the case of debt recovery.
Court Reporter:
The banks have adopted the role of oppressors in the manner of foreign banks on Chuneputis, if nothing of Raghav Boals. It can even be seen that banks are issuing loans worth lakhs of rupees without any address and proper documents, but those who have an address, can be traced, want a loan within the repayment limit, even small entrepreneurs who are not likely to be lost do not get loans, but even one or two are extreme. After harassment. Moreover, it can be seen that nothing happens to those who owe Rs. 25 lakh crores. However, for 25 thousand rupees, ordinary farmers are being dragged around the waist with a rope - said the bench of the chamber judge of the Supreme Court.
Justice M Inayetur Rahim made this comment in the hearing on Monday when seeking suspension of the High Court's judgment that no bank or financial institution can file a check dishonor case against an individual or institution in debt recovery.
Later, the chamber court sent the application of BRAC Bank to the regular bench of the Appellate Division, fixing the date of hearing on December 1. Last November 23, Judge Md. Single High Court Bench of Ashraful Kamal. The verdict said that no bank or financial institution can file a check dishonor case against an individual or organization in the case of debt collection. However, a suit can be filed in the concerned court as per the provisions of the Finance Courts Act, 2003. The High Court accepted the appeal of three small businessmen including Mohammad Ali of Barail village of Nabinagar in Brahmanbaria who were sentenced in the judicial court in the check dishonor case.
In the judgment, the court said that the blank check taken against the bank loan is not a collateral, negotiable document. A check dishonor case cannot be filed against the check taken as security. Taking a blank check against a loan is illegal. The High Court also observed in the judgment that banks and financial institutions have been doing this illegal work for a long time. Along with that, the judgment directed the judicial court to directly dismiss the check dishonor cases of banks or financial institutions and send those cases to the financial debt court. In the case of debt recovery, only money lenders can file a case in the court and the court ordered the central bank to issue instructions to provide insurance coverage for all types of loans.
Who signs this check? Who sets the amount of money? Who fills the column? There is no trace of him.
After five days of this verdict, BRAC Bank applied to the Chamber Court to suspend it. It came up for hearing in the chamber court on Monday. AM Amin Uddin heard on behalf of BRAC Bank in the hearing. who is also the chief law officer of the state. Lawyer Abdullah Al Baki was on the plaintiff's side.
Regarding the blank check taken from the customer while giving the loan, the chamber judge said, 'Who signs this cheque? Who sets the amount of money? Who fills the column? There is no trace of him. Even Bangladesh Bank has notified that these checks cannot be taken, why are the banks not complying? Then the lawyer Amin Uddin asked the judge of the chamber to suspend the judgment of the High Court and said, "The judgment of the High Court needs to be suspended." Otherwise, the loan cannot be recovered. Then, when the chamber judge asked to see the relevant example to the lawyer, the BRAC bank lawyer failed to show it.
At the beginning of the hearing, BRAC Bank's lawyer AM Amin Uddin told the court, "This is a very important state matter." The High Court ruled that no bank or financial institution can file a check dishonor case against a person. All the pending cases in the lower court have been suspended. Then the chamber judge said that nothing can be said about this without seeing the full verdict. At that time, the court directed the lawyer of BRAC Bank and expressed some heat and said, "For 25 thousand rupees, ordinary farmers are being dragged around the waist with a rope." But nothing happens to those who owe Tk 25 lakh crore.
Crime Diary / National

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