Cheque dishonour case and its consequences in Bangladesh is regulated by the provisions of the Negotiable Instruments Act, 1881. Dishonor of a cheque means rejection or negligence to pay the money at maturity.
WHAT IS CHEQUE DISHONOUR:
In accordance with the Negotiable Instruments Act 1881, it is stated that if any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence.
CONDITIONS FOR FILING A CASE:
The receiver of the cheque can file a case against the offender under some conditions which are as follows:
(a) Presenting the cheque to the Bank: The cheque in default has to be presented to the bank for encashment within 6 months from the date on which it is drawn. If the cheque is dishonoured, the bank shall give a slip with the reason of such dishonour.
(b) Legal Notice: After getting the cheque dishonour slip from the bank, a demand for the payment shall be made by giving a legal notice via registered post to the giver of the cheque within 30 days. The receiver shall give 30 days of period to pay back the money.
If, the giver of the cheque fails to make the payment of the said amount of money within 30 days of the receipt of the said notice, the receiver of the cheque shall file a case under the provisions of section- 138 of the Negotiable Instruments Act, 1881.
WHERE TO FILE A CASE:
When the holder presents the cheque to a bank for encashment, he can file the case for cheque dishonour in the Court which has the local jurisdiction over that bank.
The offence of cheque dishonour can be completed with the focus of some specifics which are as follows- a) drawing of the cheque, b) presentation of the cheque, c) returning of the cheque unpaid by the drawee bank, d) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount, e) failure of the drawer to make payment within 30 days of receipt of .the notice.
Now, if the abovementioned five different acts were done in five different localities, any of the Courts exercising jurisdiction in one of the five local areas can become the place of trial for the offence of cheque dishonour. The complainant can choose any one of the courts in whose jurisdiction any of the five components of the said offence was done.
ESSENTIAL DOCUMENTS FOR FILING A CASE:
Before proceeding to file a case, a complainant must keep some essential requirements in mind which are as follows:
- The dishonoured cheque
- Bank slip regarding cheque dishonour
- Copy of legal notice
- Postal receipt and acknowledgment letter of legal notice
- Copy of newspaper where legal notice is published, if any
- Authorization letter or power of attorney if ‘Authorized Agent’ files the case
- List of witnesses
- Costs of the case such as Court fee, lawyer’s fee etc.
- Government or private legal aid if unable to bear the costs of the case
- Intention to go for settlement with the offender to get the money.
PENALTY FOR CHEQUE DISHONOUR:
The offender committing cheque dishonor shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to thrice the amount of the cheque, or with both.
Legal Advice for Cheque Dishonour by CLP:
Whether you need assistance determining your dispute for cheque dishonour or you need representation to ensure your legal rights are protected while you participate in settlement for cheque dishonour, the Barristers, Advocates, and lawyers at CLP are highly experienced at dealing with cheque dishonour disputes. In addition to handling various issues related the said matter amongst domestic clients on a regular basis; it also has experience at consulting and assisting numerous international clients. For queries or legal assistance, please reach us at:
Phone: +8801700920980 | +8801947470606
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka