Skip to content
বাংলা ● Urgent Legal Help
Civil & Commercial Claims

Cheque Dishonour

A bounced cheque is one of the few commercial claims with a fast criminal route attached, but it runs on strict deadlines. Miss the notice period and the remedy is gone. We move cheque dishonour cases quickly and correctly.

Negotiable Instruments Act 1881, s.138Code of Criminal Procedure 1898
Bounced cheque with a legal notice envelope and a judge's gavel, illustrating a cheque dishonour case under section 138 in Bangladesh

Holding a bounced cheque? See cheque case filing →

Received a notice or summons? See cheque case defence →

Filing or defending a cheque case under section 138

Where a cheque is dishonoured for insufficient funds or a stopped payment, section 138 of the Negotiable Instruments Act 1881 provides a criminal remedy alongside the civil claim for the money. We handle both, for payees pursuing and for drawers defending.

The deadlines

This claim is governed by time limits that are unforgiving: the cheque must be presented within its validity, the demand notice must be served within the prescribed period of the dishonour, the drawer has a period in which to pay, and the case must be filed within the window that follows. Miss any of them and the section 138 remedy is lost, even on a perfectly good debt.

Defending a cheque case

Not every dishonoured cheque is an offence. Cheques given as security, blank cheques later filled in, cheques where the underlying debt does not exist, and defects in the notice are all real defences. We take them on the documents.

The clock starts at dishonour, not at the argument that follows. If a cheque has bounced, get advice within days. The most common reason good claims fail here is a notice served too late or drafted wrongly.

What we need

  • The cheque and the bank’s dishonour memo, with dates
  • The underlying transaction documents
  • Any notice already sent and proof of its service
  • Correspondence with the drawer since the dishonour

Where it is heard, and how long it takes

The section 138 case goes before a Metropolitan Magistrate or first-class Magistrate, or, where the cheque is for more than Tk 5 lakh, a Joint Sessions Judge’s court (Negotiable Instruments (Amendment) Act 2026), and the civil claim for the money can be pursued separately. The criminal case commonly runs several months to over a year. The deadlines at the start, however, are measured in days.

Illustration representing cheque dishonour claims
How a cheque case runs
1

Check the dates immediately

We work out whether you are still within the notice and filing windows.

2

Serve the demand notice

We draft and serve the statutory notice correctly and keep proof of service.

3

File within the window

If payment is not made, we file the case within the period allowed.

4

Pursue payment and the case

We conduct the case and press the civil recovery alongside it.

The deadlines here are measured in days, not months.Book a Consultation

Common questions

How long do I have after a cheque bounces?

Not long. There are strict periods for presenting, for serving the demand notice and for filing. They are measured in days and weeks, so take advice immediately.

The cheque was given only as security. Is that a defence?

It can be. Cheques given as security, or blank cheques later completed, raise genuine defences, as does a dispute over whether the underlying debt exists. It depends on the documents.

Can I get the money as well as pursue the case?

Yes. The section 138 case is a criminal remedy; the money can be pursued civilly alongside it. We usually run both.

How do I file a cheque dishonour case?

Present the cheque within six months or its validity. Send a written demand notice within 30 days of the bank’s dishonour memo, wait 30 days for payment, then file a complaint within the next month. File the cheque, the memo, the notice and the postal receipts with it.

Is there a legal way out of a cheque case?

Yes, and they are legal defences, not tricks: a defective or late notice, a time-barred complaint, no legally enforceable debt, or the amount already paid. Paying in full and settling ends most cases; the High Court Division held in September 2026 that there is no imprisonment once the full amount is paid and the matter settled.

What are the “new rules” for cheque cases?

The main change is the Negotiable Instruments (Amendment) Act 2026: a cheque of more than Tk 5 lakh is now tried by a Joint Sessions Judge’s court, and smaller cheques by a Metropolitan or first-class Magistrate. Other points people search for: the fine can be up to three times the cheque amount; an appeal needs a 50% deposit (s.138A); and the September 2026 High Court ruling on settlement. Our cheque guide shows which court hears cases of each value.

Act fast on a dishonoured cheque

The deadlines are measured in days. A written assessment costs nothing.

Book a ConsultationUrgent Legal Help
Share
CallWhatsAppBook a Consultation