Evaly seeks stay on proceedings of all cheque dishonor cases against it

Staff Reporter :
Authorities of the controversial e-commerce platform Evaly Limited have filed an application with the High Court seeking its direction to stay all further proceedings of the cheque dishonor cases filed against the organization.
It also prayed to the High Court to pass a
direction upon the Law Secretary and all the judges of the subordinate courts across the country that no legal proceedings of the cheque dishonor cases filed under Section 138 of the Negotiable Instruments Act, 1881 shall be proceeded with against the Evaly.
The High Court bench of Justice Khizir Ahmed Choudhury held hearing on the application on Monday and fixed March 16 this year for passing order.
Barrister Shamim Ahmed Mehedi submitted the petition last week on behalf of the Evaly authorities. About 300 cheque dishonor cases have been filed against Evaly so far, added the lawyer.
During the hearing in the High Court on Monday Barrister Sayed Mahsib Hossain who representing a defrauded Evaly customer said, “Evaly Limited has issued cheques to different entities and individuals in the course of their business and when the cheques were placed before the concerned banks they were not honored and were refused from being encashed.
And as such the victims had no other options but to file as many as 375 criminal cases against the management of the company under Section 138 of the Negotiable Instrument Act to punish the offender.”
The lawyer further said, “The Offenders are trying to use this winding up case as a shield to get away with their criminal liabilities. If this application is allowed then it will create a havoc in the criminal justice system of Bangladesh.”
In last September a new five-member Board of Directors was formed to run the company. The latest board included former Chairman of the Evaly Shamima Nasrin, Shamima’s mother Farida Talukder Lily and her sister’s husband Md Mamunur Rashid as per the direction of the High Court.
It has also included a representative from the Ministry of Commerce and a representative appointed by the e-commerce Association of Bangladesh (e-CAB).