The legal notice is the most critical step in a cheque dishonour case in Bangladesh. Under Section 138 of the Negotiable Instruments Act 1881 (NI Act), the payee must send a written legal notice to the drawer within 30 days of receiving the cheque return memo, demanding payment. Failure to send the notice within this period bars the payee from filing a criminal complaint. TRW — Tahmidur Rahman Remura Wahid Law Associates drafts and sends cheque dishonour legal notices with precision and urgency.
Legal Requirements for the Notice
The legal notice must satisfy the following requirements under Section 138 of the NI Act. It must be in writing. It must be sent to the drawer (not just to the company or the director). It must demand payment of the cheque amount. It must be sent within 30 days of receiving the cheque return memo. It must be sent by a method that provides proof of delivery — TRW always sends notices by registered post with acknowledgment due (RPAD) and also by courier to ensure proof of delivery.
The notice does not need to be in any specific format, but TRW drafts notices that clearly identify the cheque, the date of dishonour, the bank's return memo, the amount due, and the demand for payment within 30 days. A well-drafted notice also puts the drawer on notice of the legal consequences of non-payment, which strengthens the complainant's case.
Notice to Company Directors
If the cheque was issued by a company, TRW sends the notice to both the company and to each director who was responsible for the conduct of the company's business at the time of the offence, as required by Section 141 of the NI Act. This ensures that all potentially liable persons are put on notice and that the complainant can prosecute all of them if payment is not made.
TRW also analyses the company's memorandum and articles of association to identify the directors and authorised signatories, and reviews the cheque itself to confirm the signatory's identity.
What Happens After the Notice
After the notice is sent, the drawer has 30 days to make payment. If payment is made within 30 days, the matter is resolved. If payment is not made, TRW files a criminal complaint before the Magistrate within 30 days of the expiry of the notice period. See our guide on how to file a cheque dishonour case.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's cheque dishonour team draft and send legal notices on an urgent basis. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can the legal notice be sent by email?
A: Email is not a recognised method of service for legal notices under the NI Act. TRW always sends notices by registered post with acknowledgment due.
Q: What if the drawer refuses to accept the notice?
A: If the drawer refuses to accept the notice, the refusal itself constitutes deemed service. TRW documents the refusal carefully.
Q: Can the notice be sent by the payee directly, without a lawyer?
A: Yes, but a lawyer-drafted notice is more comprehensive and legally sound, and is more likely to result in payment.
