by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
The cheque return memo (also called the cheque return slip or dishonour memo) is the document issued by the bank when a cheque is returned unpaid. It is the primary evidence of dishonour in a cheque dishonour case under Section 138 of the NI Act. The reason for return stated on the memo has significant legal implications. TRW — Tahmidur Rahman Remura Wahid Law Associates reviews cheque return memos carefully to assess the strength of the client's case.
Common Reasons for Cheque Return
Banks in Bangladesh return cheques for various reasons. The most common reasons and their legal implications are as follows. 'Insufficient funds': this is the classic Section 138 NI Act dishonour and gives rise to criminal liability. 'Account closed': this also gives rise to criminal liability under Section 138, as it indicates that the drawer had no funds in the account. 'Payment stopped': this is more complex — if the drawer stopped payment for a legitimate reason (e.g., dispute about the underlying transaction), the criminal liability under Section 138 may be contested. 'Signature mismatch': this may not give rise to Section 138 liability if the mismatch was genuine. 'Post-dated cheque presented before date': this does not give rise to Section 138 liability as the cheque was not yet due.
TRW analyses the reason for return stated on the bank's memo and advises on the strength of the Section 138 case.
The 30-Day Limitation Period
The 30-day period for sending the legal notice runs from the date of receiving the cheque return memo — not from the date of dishonour. TRW calculates this period precisely and ensures that the legal notice is sent within the prescribed time. If the return memo was received by post, the date of receipt is the date on which the memo was delivered to the payee's address. See our guide on cheque dishonour legal notices.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's cheque dishonour team review cheque return memos and advise on the strength of the NI Act case. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can I file a Section 138 case if the cheque was returned for 'signature mismatch'?
A: It depends on the circumstances. TRW advises on the strength of the case based on the specific facts.
Q: What if I lost the original cheque return memo?
A: TRW advises on how to obtain a duplicate from the bank and whether the case can proceed without the original.
Q: Can I file a Section 138 case for a post-dated cheque?
A: Yes, if the post-dated cheque was presented on or after the date on the cheque and was returned for insufficient funds.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
The complaint is the document that initiates the criminal proceedings in a cheque dishonour case. A well-drafted complaint maximises the chances of the Magistrate taking cognisance of the offence and issuing summons to the accused. TRW — Tahmidur Rahman Remura Wahid Law Associates drafts cheque dishonour complaints with meticulous attention to legal requirements and evidentiary strength.
Essential Elements of a Cheque Dishonour Complaint
A cheque dishonour complaint under Section 138 of the NI Act must contain the following essential elements. The identity of the complainant and the accused. The details of the cheque (cheque number, date, amount, bank, account number). The fact that the cheque was issued for the discharge of a legally enforceable debt or liability. The fact that the cheque was returned unpaid by the bank (supported by the bank's return memo). The fact that the complainant sent a legal notice to the accused within 30 days of receiving the return memo (supported by the notice and proof of delivery). The fact that the accused failed to pay within 30 days of receiving the notice. The relief sought (conviction and punishment of the accused under Section 138).
TRW ensures that every element is clearly and precisely stated in the complaint, supported by the relevant documents. TRW also includes a statement of the legal provisions applicable and the judicial precedents supporting the complainant's case.
Supporting Documents
The complaint must be accompanied by the following supporting documents. The original cheque. The bank's cheque return memo. The legal notice sent to the accused. Proof of delivery of the legal notice (postal acknowledgment, courier receipt). Any other relevant documents (loan agreement, invoice, etc.) showing the underlying debt. TRW organises these documents carefully and ensures that they are properly exhibited in the complaint.
The Presumption Under Section 138A
Section 138A of the NI Act creates a presumption in favour of the holder that the cheque was issued for the discharge of a legally enforceable debt or liability. This presumption shifts the burden of proof to the accused to show that the cheque was not issued for a debt. TRW's complaints are drafted to take full advantage of this presumption. See our guide on cheque dishonour legal notices.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's cheque dishonour team draft complaints for all types of cheque dishonour cases. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can I file a cheque dishonour complaint without a lawyer?
A: Yes, but a lawyer-drafted complaint is more comprehensive and legally sound.
Q: Can I file complaints for multiple dishonoured cheques in a single complaint?
A: Generally, each dishonoured cheque requires a separate complaint. TRW advises on the most efficient approach.
Q: What is the court fee for filing a cheque dishonour complaint?
A: Court fees for criminal complaints are generally nominal. TRW advises on the applicable fees.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
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.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Family disputes are best resolved through settlement and compromise rather than prolonged litigation. A negotiated settlement protects the privacy of the parties, reduces costs, and allows both parties to move forward with their lives. TRW — Tahmidur Rahman Remura Wahid Law Associates actively promotes settlement in family cases while ensuring that the client's rights are fully protected in any agreement.
The Family Court's Role in Reconciliation
The Family Courts Ordinance 1985 requires the Family Court to attempt reconciliation between the parties at the beginning of the proceedings. The court may adjourn the case for a period to allow the parties to attempt reconciliation. TRW advises clients on whether reconciliation is in their best interests and, if so, assists in negotiating a reconciliation agreement. If reconciliation is not possible, TRW focuses on achieving the best possible settlement for the client.
Bangladesh also has a system of Alternative Dispute Resolution (ADR) for family cases, including mediation and arbitration. TRW advises on whether ADR is appropriate in each case and represents clients in ADR proceedings.
Drafting a Compromise Agreement
If the parties reach a settlement, TRW drafts a comprehensive compromise agreement that covers all aspects of the dispute — divorce, maintenance, dower, custody, property division, and any other relevant matters. The compromise agreement is filed before the Family Court, which passes a compromise decree in terms of the agreement. A compromise decree has the same legal effect as a judgment after trial and can be enforced through execution proceedings.
TRW ensures that the compromise agreement is fair, comprehensive, and legally enforceable. TRW also advises on the tax and financial implications of the settlement.
How Barrister Remura Meheruba Mahbub Can Help
Barrister Remura Meheruba Mahbub specialises in family law settlement and compromise. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Is a compromise decree enforceable?
A: Yes. A compromise decree has the same legal effect as a judgment after trial and can be enforced through execution proceedings.
Q: Can a compromise agreement be set aside?
A: A compromise agreement can be set aside if it was obtained by fraud, coercion, or misrepresentation.
Q: Does a compromise agreement need to be registered?
A: A compromise decree passed by the Family Court does not need to be separately registered. However, if the agreement involves transfer of immovable property, registration may be required.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
The Family Court in Bangladesh has exclusive jurisdiction over a wide range of family law matters, including divorce, maintenance, dower, custody, and guardianship. Filing a family suit is the first step in resolving these matters through the legal system. TRW — Tahmidur Rahman Remura Wahid Law Associates prepares and files family suits with expertise and efficiency.
Jurisdiction of the Family Court
The Family Court's jurisdiction is established by the Family Courts Ordinance 1985. The Family Court has exclusive jurisdiction over suits relating to: dissolution of marriage; restitution of conjugal rights; dower; maintenance; and guardianship and custody of children. The Family Court is presided over by an Assistant Judge. The Family Court's jurisdiction is determined by the place of residence of the parties or the place where the marriage was solemnised.
The Family Court follows a simplified procedure designed to resolve family disputes quickly and with minimum formality. The court encourages reconciliation and settlement at every stage of the proceedings.
Required Documents for Filing a Family Suit
The documents required for filing a family suit in Bangladesh include: the nikah nama (marriage contract) or marriage certificate; the NID cards of both parties; evidence of the relevant facts (e.g., evidence of non-payment of maintenance, evidence of cruelty, evidence of the dower amount); and any other documents relevant to the specific type of suit. TRW advises on the specific documents required for each type of family suit and ensures that all documents are properly prepared and filed.
The Family Suit Process
The family suit process involves the following steps. TRW files the plaint before the Family Court. The court issues summons to the defendant. The defendant files a written statement. The court attempts reconciliation between the parties. If reconciliation fails, the court proceeds to trial. TRW examines witnesses and produces documentary evidence. The court delivers its judgment. TRW enforces the judgment through execution proceedings if necessary. See our guide on urgent family matters in Bangladesh.
How Barrister Remura Meheruba Mahbub Can Help
Barrister Remura Meheruba Mahbub specialises in family court proceedings. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How long does a family suit take in Bangladesh?
A: Family suits typically take 1-3 years, depending on the complexity of the case and whether the parties contest the proceedings.
Q: Can I file a family suit without a lawyer?
A: Yes, but it is strongly recommended to engage a lawyer. TRW provides expert legal representation in all family court proceedings.
Q: Can a family suit be settled out of court?
A: Yes. TRW advises on settlement options and drafts settlement agreements.
