Cheque dishonour cases: NI (Amendment) Act 2026 changes which court tries a section 138 case
The Negotiable Instruments (Amendment) Act 2026 (Act No. 65 of 2026, dated 10 April 2026), which replaced the February 2026 ordinance, makes one change: it splits section 138 cheque cases between two levels of court by the face value of the cheque.
Cheques over Tk 5 lakh go to the Joint Sessions Judge
The Act substitutes clause (c) of section 141 of the Negotiable Instruments Act 1881. A section 138 offence where the face value of the cheque exceeds Tk 5 lakh cannot be tried by any court below a Joint Sessions Judge (in a metropolitan area, a Metropolitan Joint Sessions Judge). Every other section 138 offence is tried by a Metropolitan Magistrate or a Magistrate of the first class.
What did not change
The Act has only this one substantive provision. It does not make a section 138 offence compoundable, and it does not change the rule in section 138A that a convicted drawer must deposit at least 50% of the cheque amount before appealing. The notice and filing time limits are also unchanged. Earlier reports that the amendment did more than this are not borne out by the enacted text on the Laws of Bangladesh portal.
What it means for you
Before filing, check the face value of the cheque: over Tk 5 lakh, the complaint goes to the Joint Sessions Judge; Tk 5 lakh or less, to the Magistrate. A complaint filed in the wrong court loses time that the strict section 141 deadlines do not give back. If you are convicted and want to appeal, budget for the full 50% deposit.
Sources
Laws and forms behind this guide
Authentic texts hosted by BD Advocacy. Section numbers are the ones this guide relies on.
Talk to us about this change
A written first assessment is free, with no obligation.
Comments
No comments yet. Ask a question or share your view below.