Cheque dishonour case filing: notice, complaint and recovery under section 138
A bounced cheque gives you a criminal remedy with real teeth, but it runs on deadlines counted in days. More good claims are lost to the calendar than to any defence. We send the notice, file the complaint in the right court in time, and use the case to get you paid.
Is this you?
- A customer, borrower or business partner gave you a cheque and the bank returned it unpaid
- You hold a security cheque for a loan or supply and the debt is now due
- You already sent a notice yourself and are not sure it was valid
- The drawer is promising to pay "next month" and the deadlines are running
- The cheque is for more than Tk 5 lakh and you want to know which court hears it
What we do for you
The four deadlines, tracked from day one
Present the cheque within six months of its date or its validity period; serve the written demand within 30 days of the bank’s dishonour information; give the drawer 30 days to pay; file the complaint within one month after that period ends (section 141). We calendar every date from the dishonour memo and tell you the last safe day for each step.
A demand notice that survives attack
The notice must identify the cheque (number, date, amount, bank, branch), state the dishonour and demand the cheque amount within 30 days, without adding interest or a different sum. We serve it in at least two of the three permitted ways: by hand against receipt, registered post with AD, and a national Bangla daily where the drawer is evasive. Proof of service is the first thing the defence attacks.
Complaint in the right court
Since the 2026 amendment, cheques over Tk 5 lakh are tried by a Joint Sessions Judge; smaller cheques by a Metropolitan or First Class Magistrate. We file where the cheque was presented and dishonoured, with the original cheque, the return memo, the notice with proof of service, the evidence of the underlying debt and a sworn complaint petition.
Running the case to a result
Cognizance, summons or warrant, the drawer’s appearance and bail, evidence and judgment. Conviction carries up to one year’s imprisonment, a fine of up to three times the cheque amount, or both, and the fine realised is paid to you up to the cheque amount. Many cases settle once the drawer faces conviction; a convicted drawer can appeal only after depositing at least 50% of the cheque amount (section 138A; since the 2026 amendment the appellate court may relax this for recorded reasons).
Civil recovery alongside
Where the debt is larger than the cheque, or you need interest and costs, we file a money suit in parallel and use the criminal case as leverage for settlement.
Fees, time and documents
What we need from you
- The original cheque and the bank's dishonour memo or return slip, with the date you received it
- Evidence of the debt or liability: agreement, invoices, delivery notes, bank transfers, loan papers, WhatsApp or email messages
- Every known address of the drawer: home, office, registered office for a company, and a mobile number
- If you already sent a notice: the notice, postal receipt, AD card or returned envelope
- Your NID and, for a company payee, the authorisation of the person who will sign the complaint
Mistakes we see every week
- Sending the notice on day 31. The 30 days run from the bank’s dishonour information, not from when you felt like it.
- Demanding the cheque amount “plus interest and costs” in the notice. Keep the demand to the cheque amount.
- Serving by one method only, to one address. Use registered post with AD and at least one more.
- Re-presenting the cheque after sending a notice and confusing which dishonour the case relies on.
- Filing in the wrong court after the 2026 amendment moved cheques above Tk 5 lakh to the Joint Sessions Judge.
Deadline check
From the return memo date we fix the last day for notice and for filing, and tell you the same day.
Demand notice
Drafted to the statutory requirements and served by at least two permitted methods, with proof kept.
Complaint
Filed in the correct court before the section 141 deadline with the cheque, memo, notice, proof of service and debt evidence.
Trial or settlement
We pursue cognizance, process and evidence, and negotiate payment from a position of strength.
Read the free guides first
Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.
Common questions
What is the time limit for a cheque dishonour case in Bangladesh?
Four limits apply in order: present the cheque within six months of its date or its validity; serve a written demand within 30 days of the bank’s dishonour information; allow the drawer 30 days to pay; file the complaint within one month after that 30-day period (section 141). Missing any one defeats the section 138 case.
Which court hears a section 138 case?
Since the Negotiable Instruments (Amendment) Act 2026, a cheque of more than Tk 5 lakh is tried by a Joint Sessions Judge. Smaller cheques go before a Metropolitan Magistrate or a Magistrate of the first class, usually where the cheque was presented and dishonoured.
What is the punishment for cheque dishonour?
Up to one year’s imprisonment, a fine of up to three times the cheque amount, or both. Where a fine is realised, the amount up to the face value of the cheque is paid to the payee.
Can the drawer appeal?
Only after depositing at least 50% of the dishonoured cheque amount in the trial court (section 138A; since the 2026 amendment the appellate court may relax this for recorded reasons). That is why an appeal is rarely a free delay.
Can I file a case on a security cheque?
Usually yes. If the debt the cheque secured was due when the cheque was presented, courts treat the cheque as given for that liability. “It was only a security cheque” is argued constantly and fails often.
What if the drawer pays after the case is filed?
The case can be settled. In September 2026 the High Court Division held that where the full cheque amount has been paid and the parties have settled, imprisonment should not be imposed or kept.
Can I recover more than the cheque amount?
Not in the section 138 case. For the balance, interest and costs, a civil money suit runs alongside.
What if the cheque was for a company?
The company and the persons in charge of it can be prosecuted. The complaint is served at the registered office and on the signatory; we check the RJSC record for the right names.
Fees are confirmed in writing before any work begins. Government fees and court fees are separate and receipted.
Your 30 days may already be running
WhatsApp a photo of the cheque and the return memo now. We will tell you the last safe dates today. A written assessment costs nothing.