TRW & Co · Criminal Defence & Bail
Cheque Dishonour Lawyer in Chittagong (Chattogram)
A cheque dishonour lawyer in Chittagong helps payees turn a bounced cheque into payment and helps drawers defend prosecutions under section 138 of the Negotiable Instruments Act 1881. Strict deadlines govern notice and complaint, and a 2026 amendment changed which Chattogram court tries the case, so getting dates and forum right from the start decides most outcomes.
Key pointMost cheque cases are won or lost on dates: notice within thirty days of the bank's information, thirty days for the drawer to pay, then one month to file. A complaint filed even a day early or late is open to dismissal.
At a glance
Six months to present
The cheque must be presented within six months of the date it was drawn or within its period of validity, whichever is earlier, for section 138 to apply.
Thirty-day notice rule
The payee must send a written demand within thirty days of receiving the bank's information of dishonour; the drawer then has thirty days to pay.
One month to file
If the drawer does not pay, the complaint must be filed within one month of the date the cause of action arises.
2026 forum split
The Negotiable Instruments (Amendment) Ordinance 2026 sends lower-value cases to magistrates and higher-value cases to joint sessions judges, on a reported Tk 5 lakh threshold.
Half to appeal
Under section 138A, a convicted drawer must deposit half of the cheque amount before an appeal can be filed.
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What a cheque dishonour lawyer in Chittagong handles
A cheque dishonour lawyer in Chittagong acts when a cheque is returned unpaid and the payee wants to recover the money, or when the drawer faces prosecution. In Bangladesh, dishonour for insufficient funds, or because the amount exceeds what the drawer's bank arrangement allows, can be a criminal offence under section 138 of the Negotiable Instruments Act 1881, alongside any civil claim for the debt.
Cheque cases are among the most common matters in Chattogram's criminal courts. The city's trading economy runs on post-dated cheques: importers paying suppliers in Khatunganj and Asadganj, buyers paying developers for flats, borrowers repaying informal loans, and businesses giving cheques as security for credit. When trade slows or a relationship breaks down, those cheques are presented and dishonoured, and the strict statutory timetable begins.
Whether you hold a bounced cheque or have been served with a legal notice over one, the outcome usually turns on dates. Missing a single deadline can defeat an otherwise strong complaint; spotting a missed deadline can end a prosecution early.
The legal framework: sections 138 to 141 and the 2026 amendment
Cheque dishonour offences are governed by sections 138 to 141 of the Negotiable Instruments Act 1881. Section 138 creates the offence, section 138A deals with appeals, and the following provisions cover offences by companies and how the court takes cognizance. The High Court Division has repeatedly treated the statutory timetable as mandatory, as summarised, for example, in its judgment in Criminal Appeal No. 5930 of 2024.
The elements of the offence
To succeed, a complainant must show that the cheque was drawn on an account maintained by the accused, for the discharge in whole or in part of a debt or other liability, that it was presented within six months of the date on which it was drawn or within its period of validity, whichever is earlier, and that it was returned unpaid for insufficient funds or because it exceeded the arrangement with the bank.
The statutory timetable
After dishonour, the payee or holder must give written notice demanding payment within thirty days of receiving information of the dishonour from the bank. The drawer then has thirty days from receipt of the notice to pay. If payment is not made, the cause of action arises, and the complaint must be filed within one month of that date. Each limb is strictly applied.
The 2026 amendment
The Negotiable Instruments (Amendment) Ordinance 2026, released in February 2026, changed which courts try cheque cases. Lower-value cases, on the Tk 5 lakh threshold reported at the time, are tried by a first-class or metropolitan magistrate. Higher-value cases go to a court not below a Joint Sessions Judge or Metropolitan Joint Sessions Judge. Reporting on the reform also confirmed that an appellant must deposit half of the cheque amount before appealing.
Because the reform is recent, and ordinances have been reviewed by Parliament in 2026, a cheque dishonour lawyer in Chittagong should check the current consolidated text on the official laws website before advising on forum or penalty. We do this for every new instruction.
Penalty and recovery
On conviction, the court can impose imprisonment, a fine linked to the cheque amount, or both, and the law allows money from the fine to be paid to the holder up to the face value of the cheque. That is what makes the criminal route attractive to creditors: it can produce payment as well as punishment. We confirm the current penalty range for each case rather than relying on older summaries.
| 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 the bank's information of dishonour | 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 half the cheque amount required before appeal | Convicted drawer |
How cheque cases run in the Chattogram courts
A cheque complaint is a complaint (CR) case filed by petition before the magistrate, not through a police FIR. In the metropolitan area it is filed before the Chief Metropolitan Magistrate's courts; elsewhere in the district, before the Chief Judicial Magistrate's courts. The magistrate examines the complainant and decides whether to take cognizance and issue summons.
Following the 2026 amendment, lower-value cases stay with the magistrate for trial, while higher-value cases are sent to the joint sessions level. The accused appears, usually obtains bail, and the case proceeds through charge, evidence and judgment. Appeals go to the sessions court or the High Court Division, depending on the trial court, with the deposit requirement under section 138A.
For a fuller walk-through, see our guide to cheque dishonour case procedure and the overview of Chattogram courts.
Key decisions for payees: criminal, civil or both
The criminal complaint is fast and puts pressure on the drawer, but it is not the only tool. A cheque dishonour lawyer in Chittagong will compare the options before filing.
The criminal complaint
The section 138 route creates strong settlement pressure, because the drawer faces prosecution and, on conviction, an appeal deposit. It suits cases with a clean paper trail and a clearly identified drawer. It is less suitable where the underlying debt is disputed, where the cheque was given in circumstances that complicate the "debt or liability" element, or where the timetable has been missed.
A civil money claim
A civil suit for the debt can be brought even where the criminal deadlines have passed, subject to the ordinary limitation rules. It can cover interest, related invoices and other sums beyond the cheque. Where the amount is large or there is a wider commercial dispute, our debt recovery and commercial litigation teams may run both tracks together. The new Commercial Courts Act 2026 may also be relevant for qualifying commercial disputes.
Bank cases
Banks and financial institutions often file cheque cases alongside proceedings in the Money Loan Court (Artha Rin Adalat). Borrowers facing both need a coordinated defence so that positions taken in one forum do not undermine the other.
In cheque cases the calendar is the case. A strong debt can be lost on a late notice, and a weak defence can be won on a complaint filed a few days too soon or too late.
If you are the drawer: first steps after a notice
Receiving a demand notice is the moment to act, not the moment to wait for a summons. The thirty-day payment window is also the drawer's best chance to resolve the matter before a criminal case exists. A cheque dishonour lawyer in Chittagong acting for a drawer will first check whether the notice itself is valid: whether the cheque was presented in time, whether the notice was sent within thirty days of the bank's information, and whether it was addressed to the right person.
Next comes the underlying transaction. Was the money actually owed when the cheque was presented? Has part of it been paid? Was the cheque given for a different purpose, or filled in by someone else? These questions decide whether to pay, negotiate or prepare a defence. Where the debt is genuine but cash is short, a documented instalment arrangement agreed before the complaint is filed is usually far cheaper than defending a prosecution.
If a complaint has already been filed, the drawer should obtain a copy of the petition and the order sheet, appear on the date fixed, and seek bail. Missing the summons date invites a warrant. Our bail team handles appearance and bail in cheque cases routinely, and the drawer's position on limitation, notice and forum should be preserved from the first hearing.
Step-by-step: from bounced cheque to judgment
- Collect the bank's return memo. Obtain the dishonour slip or memo showing the reason for return and the date. Note the date you received information of dishonour, because the notice deadline runs from it.
- Send the demand notice. Serve a written notice on the drawer within thirty days, demanding payment of the cheque amount. Use registered post with acknowledgement and other reliable methods, and keep proof of dispatch and delivery.
- Wait out the payment period. The drawer has thirty days from receiving the notice to pay. Do not file early: a complaint filed before the cause of action arises is premature.
- File the complaint in time. File the complaint petition before the competent magistrate's court within one month of the cause of action, with the original cheque, the return memo, the notice and proof of service.
- Examination and cognizance. The complainant is examined, and the magistrate decides whether to take cognizance and issue summons, and, under the 2026 rules, whether the case is tried by the magistrate or sent to the joint sessions court.
- Appearance, bail and trial. The accused appears and usually seeks bail. The case proceeds through charge, evidence, examination of the accused and arguments.
- Judgment, appeal and recovery. On conviction, the court sentences the accused and may direct payment from the fine. An appeal requires the statutory deposit, which the complainant may be able to receive in accordance with the court's orders.
Our guide on the cheque bounce legal notice explains the notice stage in detail, which is where most avoidable errors happen.
Documents and evidence
The cheque and bank memo
The original cheque and the bank's return memo are the core of the case. Keep them safe and unaltered; produce copies only, with originals for the court.
The notice and proof of service
A copy of the demand notice, postal receipts, acknowledgement cards, courier tracking and any email or other delivery evidence. Proof of when the notice reached the drawer decides when the cause of action arises.
The underlying transaction
Contracts, invoices, delivery challans, loan agreements, ledgers, bank transfers and correspondence showing why the cheque was given and that a debt or liability existed.
Company and signatory records
Where the drawer is a company, trade licence, RJSC records and board resolutions showing who signed and who was in charge of the business, which matters for the company-offence provisions.
Write down, the day it happens, the date you received the bank's dishonour information and the date the notice was dispatched and delivered. Most cheque cases that fail on limitation could have been saved by a clear, contemporaneous record of these dates.
Risks and common mistakes
Sending the notice late or to the wrong address
The notice must be sent within thirty days of the payee receiving information of dishonour from the bank, and it must reach, or be shown to have been properly sent to, the drawer. Notices sent after the deadline, sent only to an old address, or addressed to a company but not to the responsible individuals can undermine the complaint. Use every address you have, including registered office and residential addresses, and keep complete proof. Our legal notice team prepares and serves notices with these risks in mind.
Filing the complaint too early or too late
The complaint can be filed only after the thirty-day payment period following receipt of notice has expired, and must be filed within one month after that. A complaint filed on the twenty-ninth day after notice is premature; one filed after the one-month window is time-barred unless the court accepts sufficient cause for delay where the law allows. Calculating these dates correctly, by reference to actual receipt of notice, is critical for complainants and is the first thing the defence checks.
Representing the drawer without examining the debt
The offence requires that the cheque was drawn for the discharge of a debt or other liability. Where the accused can show that no enforceable liability existed when the cheque was presented, or that it had already been paid, this can be a genuine defence. Courts approach such defences carefully, and they need evidence, not assertion. A drawer who simply denies the debt without documents rarely succeeds. Our guide to defending a cheque case sets out the main lines of defence.
Overlooking the forum after the 2026 amendment
Since the 2026 amendment, whether a case is tried by a magistrate or at joint sessions level depends on the cheque amount. Filing in, or being tried by, a court without jurisdiction can lead to delay, transfer or later challenge. Complainants should frame the petition with the correct forum in mind, and accused persons should check whether the trial court has jurisdiction for the amount involved.
Settling without recording the compromise
Many cheque cases settle, often in instalments. If the settlement is not properly placed before the court, the accused may pay and still face trial, or the complainant may receive part payment and then find the case has been dismissed for non-prosecution. Settlement terms should state what happens to the case, how instalments are secured, and what the court will be asked to do, and should be recorded in a way the court can act on.
Cross-border and NRB cheque disputes
Chattogram's cheque cases often involve parties abroad. Bangladeshis in the Gulf or the UK lend money to relatives or business partners at home and receive cheques in return; foreign suppliers sell goods to Chattogram importers against post-dated cheques; and drawers sometimes leave Bangladesh after issuing cheques. A cheque dishonour lawyer in Chittagong must plan around these realities.
A payee abroad can usually act through a properly drafted and attested power of attorney, and the attorney can give evidence about matters within their knowledge, though the payee's own evidence may be required on some points. Notices to drawers abroad need careful service planning. Where the drawer has left the country, the criminal case can still proceed in some respects, but practical recovery may require civil action against assets in Bangladesh or elsewhere.
Where foreign currency transactions are involved, Bangladesh's exchange control rules, administered by Bangladesh Bank, may affect how money is paid and repatriated. TRW & Co's offices in Dhaka, Singapore, Dubai and London help coordinate evidence, attestation and parallel recovery steps. See also our NRB practice.
How TRW & Co helps as your cheque dishonour lawyer in Chittagong
Our Bangladesh advocates act for payees and drawers in the Chattogram magistrate and sessions courts and, with our Dhaka team, in the High Court Division. We work as follows:
Deadline audit
On instruction, we reconstruct the dates of presentation, dishonour information, notice dispatch and delivery, and calculate the filing window, so that problems are found before the complaint is filed or the defence is set.
Notices and complaints
We draft and serve demand notices to every relevant address and person, and prepare complaint petitions with the right forum, parties and supporting documents.
Defence of drawers
We check limitation, notice, forum and the underlying liability, seek bail, and run the defence at trial, or pursue a negotiated resolution where that serves the client better.
Appeals and the High Court
We handle appeals, the section 138A deposit, revisions and, where appropriate, applications to the High Court Division to challenge defective proceedings.
Settlements that close the case
We structure instalment settlements, security and court filings so that the agreed outcome is actually recorded and enforced.
Linked recovery
We coordinate cheque cases with civil recovery, Money Loan Court proceedings and wider criminal defence where the dispute is bigger than one cheque.
We do not promise convictions, acquittals or recovery amounts. We do give clients a clear view, early, of the strength of their position.
Checklist for payees and drawers
- Was the cheque presented within six months of its date or within its validity?
- On what date did the payee receive information of dishonour from the bank?
- Was a written demand notice sent within thirty days of that date, and when did it reach the drawer?
- Has the thirty-day payment period after receipt of notice expired, and is the complaint within the following one-month window?
- Does the cheque amount put the case before a magistrate or at joint sessions level under the 2026 rules?
- Is there clear evidence of the underlying debt or liability?
- If the drawer is a company, who signed and who was in charge of its business?
- Is a settlement possible, and how will it be recorded before the court?
To speak to a cheque dishonour lawyer in Chittagong, contact our office at Room 4022, Annex 2, District and Sessions Judge Court Building, Court Hill (Porir Pahar), Kotwali, Chattogram 4000, through the contact page, by email at info@trw.co or on +880 1779 127165. You can also browse all practices or the Chattogram law firm overview.
Frequently asked questions
01How long do I have to act after my cheque bounces?
Act immediately. The demand notice must be sent within thirty days of receiving the bank's information of dishonour. The drawer then has thirty days from receiving the notice to pay. If they do not, the cause of action arises and the complaint must be filed within one month of that date. The cheque itself must have been presented within six months of its date or within its validity, whichever is earlier. We recommend recording each date as it happens and instructing a lawyer before sending the notice.
02Which court hears a cheque dishonour case in Chattogram?
The complaint is filed before the magistrate courts: the Chief Metropolitan Magistrate's courts for the metropolitan area and the Chief Judicial Magistrate's courts for the rest of the district. Following the 2026 amendment, lower-value cases are tried by a first-class or metropolitan magistrate, while higher-value cases, on the Tk 5 lakh threshold reported at the time, are tried by a court not below a Joint Sessions Judge or Metropolitan Joint Sessions Judge. Appeals go to the appropriate higher court, with the section 138A deposit.
03Can I file a cheque case if the cheque was given as security?
Possibly, but it is contested ground. Section 138 requires that the cheque was drawn for the discharge of a debt or other liability. Where a security cheque was presented after a liability had actually arisen, complainants often argue the offence is made out; drawers argue no liability existed when the cheque was given or presented. The outcome depends on the documents and the court's view of the transaction. We review the underlying agreement and payment history before advising either side.
04What defences are available to the drawer?
Common defences include: the cheque was presented outside its validity; the notice was not sent within thirty days or was not properly served; the complaint was filed prematurely or out of time; the court lacks jurisdiction for the amount; there was no enforceable debt or liability; the debt had already been paid; or the signature or cheque was misused. Defences must be supported by evidence. The accused can also negotiate a settlement and have it recorded in court.
05Do I have to pay anything before appealing a conviction?
Yes. Section 138A requires a convicted drawer to deposit half of the cheque amount before filing an appeal. This requirement was retained in the 2026 reform and is applied strictly. The deposit is made in the trial court, and its treatment depends on the outcome of the appeal and the court's orders. Drawers who expect to appeal should plan for the deposit in advance, as delay in arranging it can affect the appeal timeline.
06Can a company director be prosecuted for a company cheque?
Yes, in appropriate cases. The Negotiable Instruments Act extends liability for offences by companies to persons who were in charge of, and responsible to, the company for the conduct of its business, subject to the defences the Act provides. Complainants should name and serve notice on the company and the responsible individuals. Directors who were not involved in the business at the relevant time should gather evidence of their role early, because it can be decisive.
07Should I file a criminal case or a civil suit?
Often both are possible. The criminal complaint is faster to start and creates strong settlement pressure, but it must meet strict deadlines and only covers the cheque. A civil money suit can include interest and other sums and can be brought even if the criminal timetable was missed, subject to ordinary limitation. For large or disputed amounts, we often recommend running a criminal complaint and civil recovery in a coordinated way, so that each supports the other.
Sources and official materials
- Negotiable Instruments (Amendment) Ordinance 2026 — 2026 change to the courts trying cheque cases
- Laws of Bangladesh (Ministry of Law) — Negotiable Instruments Act 1881, sections 138 to 141
- High Court Division, Criminal Appeal No. 5930 of 2024 — Judgment summarising the section 138 time limits
- Supreme Court of Bangladesh — Appeals, revisions and judgments
- Bangladesh Bank — Banking and foreign exchange regulation
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.
