Defending a cheque dishonour case: reply, bail and settlement
A section 138 notice or a summons on a bounced cheque is a criminal matter with a presumption against you. Silence is treated as acceptance and is the worst possible response. We reply inside the 30 days, secure bail, test every deadline and the debt behind the cheque, and settle from a position of knowledge, not fear.
Is this you?
- You have received a lawyer's notice about a cheque that bounced
- A summons or warrant has been issued in a section 138 case against you or your company
- The cheque was a blank or security cheque and the amount filled in is not what you owe
- You have paid part or all of the debt and the payee is still pursuing the case
- You want to settle but do not want a conviction on record
What we do for you
Replying to the notice within 30 days
The 30 days after receiving the notice are your best opportunity. Paying within them ends the matter without an offence. If the claim is wrong, we reply in writing with reasons and documents: no debt, wrong amount, cheque already paid, cheque altered or misused. A reasoned reply shapes the case before it is filed.
Bail and appearance
When summons or warrant issues, we arrange your appearance and bail in the Magistrate’s or Joint Sessions Judge’s court so that the case does not begin with custody. For a company, we deal with the directors and signatories named.
Testing the complainant's case
A missed deadline, a notice that demanded the wrong sum, a notice never properly served, a cheque presented after validity, or a complaint filed late under section 141 defeats the case. We obtain the complaint, the notice and the postal records and check each date and each requirement.
Attacking the debt and the cheque
The law presumes a legally enforceable debt, so the drawer must prove its absence with documents. We build that proof: payments made, accounts settled, goods not delivered, a blank cheque filled without authority, or an altered cheque. We know which arguments courts accept and which fail, and tell you plainly.
Settlement and appeal
Most cases end in payment on terms. We negotiate instalments or a reduced sum and record the settlement so that the case is closed. If convicted, an appeal needs a deposit of at least 50% of the cheque amount (section 138A; since the 2026 amendment the appellate court may relax this for recorded reasons); we advise whether it is worth it and run it where it is.
Fees, time and documents
What we need from you
- The notice with its envelope or the postal date, and any summons or warrant received
- The cheque number, date and amount, and when and why you gave it
- Proof of any payment made: bank transfers, bKash or Nagad records, receipts, ledger entries
- The agreement, invoices, delivery or loan papers behind the cheque
- Messages or emails with the payee about the debt or the cheque
- For a company: the RJSC record showing who was in charge when the cheque was issued
Mistakes we see every week
- Ignoring the notice because “there is no real debt”. The law presumes one; you must disprove it with documents.
- Replying by phone or in person with no written record.
- Paying in cash with no receipt, then being unable to prove it.
- Changing your address or avoiding service; the complainant can publish the notice in a newspaper and the case proceeds.
- Deleting chats with the payee. They are often your best evidence.
Read the deadline
We fix the date you received the notice and the last day to reply or pay.
Written reply
A factual reply with documents, or payment on recorded terms if the debt is genuine.
Appearance and bail
We arrange your appearance and bail so the case does not begin with custody.
Defence or settlement
We test the notice, the dates and the debt, and negotiate a closure that avoids conviction where possible.
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
I received a cheque dishonour notice. What should I do?
Note the date you received it. You have 30 days to pay or to reply. If the debt is genuine, paying within that time ends the matter without an offence. If the claim is wrong, reply in writing with reasons and documents. Do not stay silent.
Can I be arrested in a cheque case?
A section 138 case begins with a complaint, and the court issues summons or a warrant. We arrange your appearance and bail so that you are not taken into custody. Avoiding service makes a warrant more likely, not less.
What defences work in a section 138 case?
A missed deadline or a defective or unserved notice; no legally enforceable debt behind the cheque, proved with documents; a cheque altered or a blank cheque completed without authority. “It was only a security cheque” usually fails if the debt it secured was due.
What if I have already paid part of the amount?
Document it. Part payment does not by itself end the case, but it supports settlement and reduces the sum in dispute. A reply with proof of payment often changes the complainant’s position.
Can the case be settled after filing?
Yes, at any stage. 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.
What happens if I am convicted?
Up to one year’s imprisonment, a fine up to three times the cheque amount, or both. An appeal requires a deposit of at least 50% of the cheque amount in the trial court.
The cheque was from my company. Am I personally liable?
Directors and persons in charge of the company at the time can be prosecuted along with the company. Who was in charge, and whether the offence was with their knowledge, is a defence we examine from the RJSC record.
Is a civil case also possible against me?
Yes. The payee can file a money suit for the debt, interest and costs alongside the criminal case. We handle both together.
Fees are confirmed in writing before any work begins. Government fees and court fees are separate and receipted.
Reply before the 30 days run out
Send a photo of the notice and the envelope. We will tell you your last safe date and your options today. A written assessment costs nothing.