TRW & Co · Criminal cases and bail
Cheque Dishonour Case Procedure in Chattogram (NI Act s.138)
The cheque dishonour case procedure under section 138 of the Negotiable Instruments Act runs on strict dates: present the cheque in time, serve a demand notice within thirty days of dishonour, allow thirty days for payment, then file a complaint within one month. In Chattogram the complaint goes to the magistrate, and the 2026 reform sets the trial court by amount.
Key pointService of the demand notice by a statutory mode is a precondition of the offence. Convictions have been set aside where the complainant could not prove the registered post with acknowledgement due, so keep the AD card.
At a glance
Governing law
Sections 138 to 141 of the Negotiable Instruments Act 1881, as amended in 2026, govern the offence, the notice, the filing window and appeals.
Notice deadline
Written demand notice within thirty days of receiving the bank's information of dishonour; the drawer then has thirty days from receipt to pay.
Filing window
The complaint must be filed within one month of the date the cause of action arises, after the drawer's thirty-day payment period expires.
Trial forum
Reported 2026 rules: up to Tk 5 lakh tried by a magistrate; above that, by a Joint Sessions or Metropolitan Joint Sessions Judge.
Appeal deposit
A convicted drawer must deposit at least half of the cheque amount before appealing under section 138A; the deposit may be released to the complainant.
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The cheque dishonour case procedure in Bangladesh is a fixed sequence of steps with short, strict deadlines: present the cheque in time, send a written demand notice after dishonour, wait for the drawer's payment window to close, then file a complaint before the magistrate within one month. In Chattogram, the complaint goes to the metropolitan or judicial magistrate's courts, and the 2026 reform decides whether the trial stays there or moves to a joint sessions court.
The cheque dishonour case procedure in short
A bounced cheque becomes a criminal case under section 138 of the Negotiable Instruments Act 1881 only if every statutory condition is met. The cheque must be presented within six months of its date or within its period of validity, whichever is earlier. It must be returned unpaid for insufficient funds or because it exceeds the drawer's arrangement with the bank.
After that, the payee or holder must send a written notice demanding payment within thirty days of receiving information of the dishonour from the bank. The drawer then has thirty days from receiving the notice to pay. If the money is not paid, the cause of action arises, and a complaint must be filed within one month of that date.
The case is a complaint case (a "CR" case), not a police case. Getting each date right is the single most important part of the cheque dishonour case procedure, because the High Court Division treats the conditions as mandatory.
The legal framework and the 2026 change
Sections 138 to 141 of the Negotiable Instruments Act form the core. Section 138 creates the offence and sets the timetable. Section 138A deals with appeals. A company-offence provision extends liability to the people in charge of a company's business, and section 141 controls how and when a court can take cognizance, including the one-month filing window.
Section 138 also sets out how the demand notice must be served. As the High Court Division has described it, the notice may be delivered to the drawer, sent by registered post with acknowledgement due to the drawer's usual or last known place of abode or business in Bangladesh, or published in a widely circulated daily Bangla national newspaper. In a 2025 revision, the Court held that service by one of those modes is a precondition of the offence and set aside a conviction because the complainant could not prove the registered post with AD (see Criminal Revision No. 2075 of 2021).
Which court tries the case after 2026
The Negotiable Instruments (Amendment) Ordinance 2026 changed the trial forum. Reporting on the reform states that cheques of up to Tk 5 lakh are tried by a first-class or metropolitan magistrate, while higher-value cheques go to a court not below a Joint Sessions Judge or Metropolitan Joint Sessions Judge. Before the change, trials were held at sessions level after cognizance by the magistrate.
Because ordinances made in 2025 and 2026 have been reviewed by Parliament, confirm the current consolidated text before filing or advising on forum. Our cheque dishonour lawyers in Chattogram check this for every new matter.
The statutory timetable at a glance
Most failed cheque cases fail on dates, not on the debt. The cheque dishonour case procedure runs on this timetable:
| Stage | Time limit | Who acts |
|---|---|---|
| Present the cheque | Within six months of its date or within its validity, whichever is earlier | Payee or holder |
| Send the demand notice | Within thirty days of receiving information of dishonour from the bank | Payee or holder |
| Pay after notice | Within thirty days of receiving the notice | Drawer |
| File the complaint | Within one month of the date the cause of action arises | Payee or holder |
| Appeal after conviction | Deposit of at least half the cheque amount before the appeal | Convicted drawer |
If a cheque has been presented more than once, take advice on which dishonour starts the clock before sending anything, and keep every bank memo. For a detailed guide to the notice stage alone, see our article on the cheque dishonour legal notice.
Step by step: from bounced cheque to judgment
The cheque dishonour case procedure in Chattogram follows the same national rules, applied through the city and district courts.
- Collect the return memo. Get the bank's dishonour slip showing the reason and date. Record the date you actually received that information, because the notice deadline runs from it.
- Serve the demand notice. Within thirty days, send a written notice demanding payment of the cheque amount. Use registered post with acknowledgement due, and consider hand delivery or newspaper publication as well; keep every receipt and the returned AD card.
- Let the payment window run. The drawer has thirty days from receipt of notice to pay. A complaint filed before the window closes is premature.
- File the complaint. Within one month after the window closes, file a complaint petition before the Chief Metropolitan Magistrate's courts (city) or Chief Judicial Magistrate's courts (district), with the original cheque, the memo, the notice and proof of service.
- Examination and cognizance. The complainant is examined on oath. The magistrate decides whether to take cognizance and issue summons, and whether the case stays with the magistrate or goes to joint sessions level for trial.
- Appearance and bail. The accused appears on summons and usually seeks bail. Missing the date invites a warrant.
- Trial. The complainant proves the cheque, memo, notice, service and the underlying debt; the accused may cross-examine, examine witnesses and argue the defence.
- Judgment, appeal and recovery. On conviction, the court sentences the accused and can direct payment out of the fine. An appeal requires the statutory deposit.
Build a one-page date sheet the day the cheque bounces: date of cheque, date presented, date the bank's information reached you, date the notice was sent, date it was delivered, and the resulting filing window. Bring it to every meeting. In cheque cases, the calendar is the case.
How the procedure works in the Chattogram courts
Inside the metropolitan area, complaints are presented to the Chief Metropolitan Magistrate's courts at the Chattogram court complex. Outside the city, they go to the Chief Judicial Magistrate's courts. Under the 2026 rules, lower-value cases stay with a magistrate, while higher-value cases are sent to the Metropolitan Joint Sessions Judge or Joint Sessions Judge courts. Cause lists and court information are published through the Chattogram district judiciary website.
Chattogram cheque cases often run alongside other proceedings. Banks commonly sue borrowers in the Money Loan Court while also prosecuting cheques. In a judgment arising from a Chattogram sessions case, the High Court Division declined to quash a bank's cheque prosecution merely because a civil money suit was pending on the same debt, relying on Appellate Division authority (see Criminal Miscellaneous Case No. 39295 of 2018). Our Money Loan Court team coordinates both tracks.
If you need to track hearing dates, our guide on how to check case status online explains the tools available.
Trial, sentence and recovering the money
At trial, the complainant proves the documents and the transaction. Under the Act, a cheque is presumed to have been given for consideration, but that presumption can be rebutted. The High Court Division has upheld acquittals where the defence showed that no cheque was issued to the complainant and that there was no consideration.
On conviction, the court may impose imprisonment, a fine linked to the cheque amount, or both, and money from the fine can be paid to the holder up to the cheque's face value. That is why many creditors choose the criminal route: it can deliver payment, not only punishment. Courts also have discretion on sentence. In a May 2026 revision, the High Court Division affirmed a conviction but set aside the prison term, directing that the fine be paid to the complainant (see Criminal Revision No. 4938 of 2025).
A convicted drawer who appeals must deposit at least half of the cheque amount under section 138A, and that deposit can later be released to the complainant depending on the court's orders. Appeals and revisions go to the sessions court or the High Court Division depending on the trial court. We handle these stages with our criminal defence and appeals team.
If you are the drawer
The cheque dishonour case procedure looks different from the other side. The thirty-day window after receiving a notice is the drawer's best chance to resolve the matter before any criminal case exists. Use it to check the facts rather than ignore the letter.
First, test the notice. Was the cheque presented within its validity? Was the notice sent within thirty days of the bank's information, and by a statutory mode? Is it addressed to the right person? Then test the debt. Was money actually owed when the cheque was presented, or had part already been paid? Was the cheque given for a different purpose, or completed by someone else?
If the debt is genuine but cash is short, a written instalment agreement reached before the complaint is filed is usually far cheaper than a prosecution. If a complaint has already been filed, obtain the petition and order sheet, appear on the date fixed and apply for bail, keeping every objection on limitation, notice and forum open from the first hearing. Where an appeal is available against a conviction, the High Court Division has refused to use its inherent power under section 561A to bypass it.
Illustrative scenario: a supplier in Khatunganj
This scenario is illustrative only; the parties are generic. A spice wholesaler in Khatunganj sells goods to a retailer on credit and receives a post-dated cheque for the invoice amount. When presented, the cheque bounces for insufficient funds.
The wholesaler collects the bank memo the same day and notes the date. Within a week, his lawyer sends a demand notice by registered post with AD to the retailer's shop and home addresses, and has it hand-delivered against signature at the shop. The AD card returns signed twelve days later.
The lawyer counts thirty days from receipt, then files the complaint within the following month before the Chief Metropolitan Magistrate's courts. Because the amount is above the reported Tk 5 lakh threshold, the case is sent for trial at joint sessions level. The retailer appears, obtains bail, and proposes instalments. The settlement is recorded before the court, with the case to be disposed of once the final instalment is paid.
Had the notice gone only to an old address with no proof of delivery, the whole cheque dishonour case procedure could have collapsed at trial.
Risks and common mistakes
Counting from the wrong date
The notice deadline runs from the date the payee receives information of dishonour from the bank, not from the date on the cheque or the date of presentation. The payment window runs from the drawer's receipt of the notice, not its dispatch. Many complaints are filed a few days too early or too late because these dates were assumed rather than proved. Keep the bank's memo, the postal receipts and the AD card, and calculate each window from documentary evidence.
Weak proof of service
Service of the notice is a precondition of the offence. A photocopy of a postal receipt without the acknowledgement card, or a notice sent only by courier or messaging app, may not be enough. Use one of the statutory modes and keep the originals. Where the drawer avoids service, newspaper publication in a widely circulated Bangla daily is one of the recognised methods, and it creates a public, dated record.
Blank or incomplete cheques
Cheques handed over as "security" with the date, amount or payee left blank create proof problems. The High Court Division has relied on authority that an undated or blank cheque without the payee's name, amount and date is not a cheque within section 138. Complete cheques at the time of the transaction, and document the debt the cheque is meant to discharge.
Settling without recording it in court
Many cases settle in instalments. If the arrangement is not placed before the court, the accused may pay and still face trial, or the complainant may receive part payment and then see the case dismissed for non-appearance. Put the terms in writing, say what happens to the case on each payment, and have the court record it.
Companies, NRBs and cross-border cheques
Where a company issues the cheque, notice should go to the company and to the directors and officers who were in charge of its business, because the Act extends liability to them subject to statutory defences. Directors who were not involved at the time should gather evidence of their role early.
Chattogram cases often involve Bangladeshis abroad, as lenders or drawers. A payee in the Gulf or the UK can usually proceed through a properly attested power of attorney, though personal evidence may be needed on key points. Our NRB legal services and the guide to running a court case from abroad explain how this works. Where the drawer has left Bangladesh, combine the criminal case with civil recovery against assets.
Checklist and next steps
- Was the cheque presented within six months or its validity, whichever is earlier?
- When did you receive the bank's information of dishonour?
- Was a written notice served within thirty days, by a statutory mode, and when was it received?
- Has the thirty-day payment window closed, and are you within the following month?
- Is the amount above or below the reported Tk 5 lakh threshold for the trial forum?
- Do you have documents proving the underlying debt?
If you received a notice yourself, read our guide to defending a cheque case before the payment window closes. To discuss the cheque dishonour case procedure for your matter, visit our Chattogram office at Room 4022, Annex 2, District and Sessions Judge Court Building, Court Hill (Porir Pahar), Kotwali, Chattogram 4000, or contact us at info@trw.co or +880 1779 127165.
Frequently asked questions
01How long does a cheque dishonour case take in Chattogram?
There is no fixed timetable. The statutory steps before filing take roughly two to three months if you act promptly, because of the two thirty-day windows and the one-month filing period. After filing, the length depends on the court's list, how quickly the accused appears and whether witnesses attend. Many cases settle earlier. We give a realistic estimate once we have seen the documents and the court the case is assigned to.
02Can I file a cheque case at the police station?
No. Cheque dishonour under section 138 is prosecuted by a complaint before the magistrate, not by FIR. The court can only take cognizance on a written complaint by the payee or holder in due course, filed within one month of the cause of action. In Chattogram city the complaint is filed in the Chief Metropolitan Magistrate's courts; elsewhere in the district, in the Chief Judicial Magistrate's courts.
03What happens if I miss the thirty-day notice deadline?
A notice sent late usually defeats the criminal case, because the timetable is treated as mandatory. Whether a fresh presentation can restart the timetable is contested, so take advice before relying on it. In any event, a civil money suit for the debt remains available subject to ordinary limitation rules.
04Which court hears my case after the 2026 amendment?
Reporting on the 2026 amendment states that cheques up to Tk 5 lakh are tried by a first-class or metropolitan magistrate, and higher-value cheques by a court not below a Joint Sessions Judge or Metropolitan Joint Sessions Judge. The complaint itself is still presented to the magistrate. Check the current consolidated text before filing, because 2026 ordinances have been reviewed by Parliament.
05Can the accused settle after the case is filed?
Yes. Many cheque cases end in a settlement, often by instalments. The terms should be recorded before the court, stating what happens to the case after each payment and on default. Without that, the accused may pay and still face trial, or the complainant may lose leverage. Where the amount is large, security for the instalments is worth negotiating.
06Will I get my money back if the drawer is convicted?
Often, but not automatically. The court can impose a fine and direct that money from the fine be paid to the holder up to the cheque's face value. If the drawer appeals, the deposit of at least half the cheque amount may be released to the complainant depending on the court's orders. For interest and other sums beyond the cheque, a civil claim may be needed.
Sources and official materials
- Negotiable Instruments Act 1881 — Sections 138 to 141: offence, notice, appeal and cognizance
- Negotiable Instruments (Amendment) Ordinance 2026 — Trial forum for cheque cases by amount
- High Court Division, Criminal Revision No. 2075 of 2021 — Service of notice by a statutory mode is a precondition (1 June 2025)
- High Court Division, Criminal Revision No. 4938 of 2025 — Conviction affirmed, prison term set aside, fine to complainant (12 May 2026)
- High Court Division, Criminal Miscellaneous Case No. 39295 of 2018 — Chattogram cheque case not quashed despite civil suit (21 Aug 2023)
- Chattogram District Judiciary — Chattogram courts and cause lists
General information only, current as at 2 November 2026. It is not legal advice and does not create an advocate–client relationship. It reflects the law of Bangladesh unless stated otherwise, and the law, court practice and official fees change frequently. Check current official sources and take advice on the facts of your matter.
