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Criminal Petition 1059/2024 |
Pubali Bank Limited vs Chowdhury Shamim Hamid and another |
Section 138A of the Negotiable Instruments Act, 1881 has a non obstante clause which has an overriding effect over general provisions contained in the Code of Criminal Procedure as regards preferring appeal against the order of sentence. A convict under Section 138(1) of the Negotiable Instruments Act is not entitled to get bail under Section 426(2A) of the Code of Criminal Procedure on condition of preferring appeal against the order of sentence unless he deposits 50% of the total cheque amount before preferring appeal as prescribed under Section 138A of the Negotiable Instruments Act, 1881. |