Cheque Dishonour Case in Bangladesh (Section 138 NI Act): Legal Notice, Court Procedure & Bail Rules 2026

By Advocate Md. Shah Alam · 2026-08-10 · 12 min read

⚠️ Legal Disclaimer: This article provides general legal information only and does not constitute legal advice. For advice specific to your situation, consult Advocate Md. Shah Alam directly at +880 1712-655546.

In Bangladesh's commercial ecosystem, bounced and dishonoured cheques constitute one of the highest volumes of litigation. The governing statute is <strong>Section 138 of the Negotiable Instruments (NI) Act, 1881</strong>. While the law is formulated to ensure the sanctity of banking transactions and commercial trust, procedural deadlines are uncompromising: a single day's delay in dispatching the statutory legal notice or lodging the court complaint can render the entire action legally void. Written by <strong>Advocate Md. Shah Alam</strong>, Supreme Court of Bangladesh, this definitive 2026 practitioner guide navigates both complainant recovery strategies and accused defense tactics.

: · Urgent Bail & Supreme Court Lawyer Dhaka

Quick Answer Table — Key Legal Facts at a Glance (2026)

Key Legal AspectOfficial Rule, Fee & Law (2026)
Governing StatuteCode of Criminal Procedure 1898 (Sections 496, 497, 498, 499) & Penal Code 1860
Bail & Surety RequirementExecution of Form-42 Bail Bond (PR Bond / Jamindar Surety) upon court bail order
Official Portalssupremecourt.gov.bd, judiciary.gov.bd, pcc.police.gov.bd & land.gov.bd
Supreme Court ChamberAdvocate Md. Shah Alam — Uttara & Dhaka Judge Court (+880 1712-655546)
📋 In This Article
  1. The Legal Framework of Section 138 Negotiable Instruments Act
  2. The 4 Non-Negotiable Deadlines in Cheque Dishonour Cases
  3. Drafting and Serving the Statutory Legal Notice (Section 138(b))
  4. Trial Procedure in Dhaka Courts (Joint District Judge / CMM)
  5. Bail Rules for the Accused in Section 138 Cases (Bailable Offence)
  6. The Mandatory 50% Deposit Rule for Appeals (Section 138A)
  7. Legitimate Defense Strategies for the Accused (Security Cheques)
  8. Quashment Petitions under Section 561A Cr.P.C. in the High Court
  9. Frequently Asked Questions (FAQ)

The Legal Framework of Section 138 Negotiable Instruments Act

Section 138 makes it a quasi-criminal offence when a cheque drawn by a person on an account maintained by them with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid.

Penal Sanctions: The offence carries imprisonment for a term which may extend to one year, or with fine which may extend to thrice the amount of the cheque, or with both.

The 4 Non-Negotiable Deadlines in Cheque Dishonour Cases

To succeed under Section 138, the complainant must follow a rigid calendar:

  • 1. Cheque Presentation: Presented to the drawee bank within its validity period (6 months from issuance).
  • 2. Legal Notice Service: Notice in writing served on the drawer within 30 days of receiving the return memo from the bank.
  • 3. Waiting Window: Give the drawer 30 days from the date of receipt of notice to make payment.
  • 4. Case Filing Deadline: File the complaint petition within 30 days immediately following the expiry of the payment window.

Drafting and Serving the Statutory Legal Notice (Section 138(b))

The statutory legal notice must be drafted by an enrolled advocate and dispatched via Registered Post with Acknowledgement Due (A/D). Alternatively, service via publication in a widely circulated national daily newspaper is recognized under the 2006 amendments.

The notice must demand the exact cheque amount without including extraneous interest calculations or damage claims that could confuse the drawer's statutory obligation.

Trial Procedure in Dhaka Courts (Joint District Judge / CMM)

Cases in Dhaka are adjudicated either by the Chief Metropolitan Magistrate (CMM) Court or transferred to the Courts of Joint District Judges for trial:

  1. Complainant Examination (Section 200 Cr.P.C.): The complainant appears before the magistrate to affirm the petition.
  2. Summons & Warrant: The court issues summons; if the accused fails to appear, a bailable/non-bailable warrant of arrest is issued.
  3. Framing of Charge: The accused appears, secures bail, and formal charge is framed under Section 138.
  4. Evidence & Cross-Examination: Original cheque, dishonour memo, postal receipts, and A/D card are admitted as formal court exhibits.
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Bail Rules for the Accused in Section 138 Cases (Bailable Offence)

An offence under Section 138 is bailable as of right. Upon receiving court summons or executing a surrender after warrant, the accused is entitled to bail upon furnishing local solvent sureties.

However, willful absence or defaulting on court dates results in cancellation of bail and issuance of non-bailable arrest warrants (WA) and attachment of property (WP&A).

The Mandatory 50% Deposit Rule for Appeals (Section 138A)

One of the most consequential amendments in the NI Act is that no appeal against an order of conviction and sentence shall be entertained unless 50% of the fine (or cheque amount) awarded by the trial court is deposited in the court prior to admitting the appeal.

This statutory pre-deposit protects complainants against frivolous appeals designed solely to stall money recovery.

Legitimate Defense Strategies for the Accused (Security Cheques)

The Appellate Division of the Supreme Court has clarified principles protecting innocent borrowers against extortionate lenders:

  • Security Cheque Defense: Proving that the cheque was handed over solely as an undated security for a loan that has already been substantially repaid.
  • Lack of Enforceable Liability: Demonstrating that no commercial contract or legal consideration existed between the drawer and complainant.
  • Defective Notice / Limitation Bar: Establishing that the legal notice was dispatched beyond 30 days or filed out of limitation.

Quashment Petitions under Section 561A Cr.P.C. in the High Court

If an NI Act case is filed without fulfilling statutory prerequisites or to harass a business director with no personal liability, the accused may approach the High Court Division under Section 561A Cr.P.C. to quash the proceedings and stay the trial.

⚖️ Urgent Case Evaluation & Legal Consultation

Facing property litigation, criminal arrest risk, commercial dispute or constitutional infringement? Consult directly with Advocate Md. Shah Alam, Advocate, Supreme Court of Bangladesh.

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Frequently Asked Questions

Can someone go to jail for a bounced cheque in Bangladesh?

Yes. Section 138 carries a maximum penalty of 1 year imprisonment and a fine of up to three times the cheque amount.

What happens if the recipient refuses to accept the registered legal notice?

Under Bangladesh postal rules and General Clauses Act, a notice dispatched to the correct address via registered post and returned with 'Refused' or 'Unclaimed' is deemed valid legal service.

Can you file both an NI Act case and a Money Suit?

Yes. Criminal proceedings under Section 138 and civil recovery suits under Order 37 of the CPC (Money Suit) can proceed simultaneously.

Legal Disclaimer: The information provided in this article is for general legal awareness and educational purposes only. It does not constitute formal legal advice and does not establish an attorney-client relationship. For specific legal remedies tailored to your case, please consult directly with an enrolled advocate of the Supreme Court of Bangladesh or the Judges Court.
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