Book Review
A book on Cr. Breach of Trust, Cheque Dishonor Litigation
To be frank, this paperback work is really a demanding endeavor of Mr. Mohammad Nayeem Firoz (a Judge working as the member of Bangladesh Judicial Service) to unlock the critical legal issues in criminal cases involving the allegations of the offences of Criminal Breach of Trust, Cheating and Cheque Dishonor. The Penal Code, 1860 as one of the cardinal substantive criminal law in the criminal justice system of Bangladesh has created inter alia the offences of Criminal Breach of Trust and Cheating. The Code has also prescribed the quantum of punishments for the overt or covert act committed in the commission of such offences. Like the Classical Roman Law's 'Twelve Table' the Author has incorporated in his book 12 chapters to unleash chronologically the quantum of knowledge what he perceived about the jurisprudence of the litigations regarding SS.406 and 420 PC and S.138 Negotiable Instruments Act through his 'jurisprudential voyage' into several legal literatures on the subject. After the last copy of the 1st edition of this book has been sold out from country's law-book-pavilions and as the time advanced in its normal course to this date the incumbent reality was demanding another edition of this work.
In pursuant to the demand of incumbent reality and the Author's present professional strata this edition contains some reflection on the subject from his own adjudicating experience which only a Judge encounters through his day-to-day judicial functions. Sometimes circumstances arise when the litigations u/SS. 406/420 PC brought before the Criminal Courts involves such claims which are purely of civil nature and the relief the litigants seek through such complaint could easily be sought to a competent Civil Court having jurisdiction on the subject matter. Litigations u/SS.406/420 PC and u/S.138 NI Act, if proven to be groundless, frivolous and vexatious then those must be disposed of negatively within the framework of relevant provisions of procedural laws. But dismissal of such complaints should be made with sufficient reasons to be recorded in the judicial orders. Nevertheless when litigations brought u/SS.406/420 PC involves claims of both the civil and the criminal nature in a amalgamated format and on a multifaceted fact then the Criminal Courts have to deal the matter very cautiously in a systematic judicial approach. It is observed widely that cent percent litigations brought u/SS.406/420 PC involves allegations of Cheating only and those are manifestly devoid of having within it any ingredients of the offence of Criminal Breach of Trust. So, a keen inquiry and analysis is obvious in detecting the actual nature of allegations brought in the dress of litigations u/SS.406/420 PC. A chapter of this book, at the tail of it, envisaged the jurisprudence of Cheque Dishonor litigations and incorporates legal discussions regarding the situations when those are filed under SS.406/420 in lieu of filing under S.138 of NI Act. As it is known that Cheque Dishonor litigations have been brought before the Courts under SS.406/420 in the situation when the statutory limitation period for filing a case under S.138 of NI Act elapse. Finally, relevant it will be to say that though this book was mainly designed for the Benches and the Bars concerned with litigations u/SS.406/420 PC and u/S.138 NI Act but the law-readers with legal minds shall also found this as a help-kit in better understanding the Criminal Jurisprudence concerning the crimes of 'Criminal Breach of Trust and Cheating' along with crime of 'Cheque Dishonor or Bouncing of Cheque'.
I will be deeply glad if this work receives reasonable approbation from its target groups and the potential readers thereof. May this work be appreciated to all corners where any legal mind is concerned with the Jurisprudence of Cr. Breach of Trust, Cheating and Cheque Dishonor litigations. We are ardently waiting for the next work of Mr. Mohammad Nayeem Firoz on any legal issue for the greater interest of the law-readers.
The reviewer is an Advocate, Judges' Court, Dhaka.
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