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SC upholds Jamuna Bank ex-chairman’s jail term, fine of Tk 155 million

| Updated: January 19, 2020 16:50:36


— FE file photo — FE file photo

The Appellate Division of the Supreme Court on Sunday upheld the sentence given to former chairman of the Jamuna Bank, Arifur Rahman, by a trial court in a case filed by Borak Real Estate on charge of forging a cheque amounting Tk 150 million.

A four member bench of the Appellate Division headed by chief justice Syed Mahmud Hossain passed the order after dismissing a leave to appeal petition filed by Arifur.

After hearing the case, the Additional Metropolitan Sessions Judge of Dhaka on January 24, 2016, delivered the verdict saying that Arifur Rahman will have to serve one year imprisonment and to pay Tk 155 million to the plaintiff.

The complainant (Borak Real Estate) will get the amount of cheque amounting Tk 150 million from the fine and the rest will be deposited in favour of the government.

Mr Arifur Rahman later filed an appeal with the High Court challenging the trial court’s verdict. After hearing, the High Court bench led by Justice Md Rais Uddin on July 11, 2017, upheld the lower court verdict sentencing Jamuna Bank’s former chairman Arifur Rahman.

Later on August 6, 2019, Ariful filed a leave to appeal petition with the Appellate Division against the High Court order, and after hearing, the Chamber Judge granted him bail on the same day on condition of depositing Tk 30 million to the plaintiff’s account by November 3, 2019. But the accused failed to deposit the amount on time.

After final hearing, the Appellate Division passed the order today (Sunday) rejecting his petition. The apex court also cancelled his bail granted by the Chamber Judge earlier.

Arifur is now in jail, said his lawyer Salina Akter Chowdhury

According to the case statements, Arifur Rahman took Tk 150 million in cash from Borak Real Estate and gave a cheque to the company in return against the money in 2011. Later on, the company tried to deposit the cheque but it bounced back from the bank several times.

In this circumstance, Borak Real Estate in 2012 lodged the case with a magistrate court in Dhaka under Section 138 of Negotiable Instrument Act (NI Act), 1881. After hearing the case, the Additional Metropolitan Sessions Judge of Dhaka on January 24, 2016, delivered the verdict.

Advocate Syed Mhaymen Baksh Kollol, a lawyer for Borak Real Estate, told that Arifur Rahman has already deposited Tk 75 million to the government before filing appeal with the HC against the lower court verdict.

However, he is yet to deposit the rest Tk 75 million to the bank account of Borak Real Estate and to deposit Tk 5 million to the account of deputy commissioner of Dhaka.

Mr Kollol said Arifur Rahman will now have to serve imprisonment following the Supreme Court order.

Advocate AF Hasan Ariff and advocate AM Amin Uddin also appeared for Borak Real Estate.

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