LAW FIRM IN BANGLADESH TRW LOGO TAHMIDUR RAHMAN

Contact No:

+8801708000660
+8801847220062

Law Firm of Barrister Tahmidur Rahman best lawyer in Bangladesh

Tahmidur Rahman, Senior Associate 

5 Aug 2019

Cheque Dishonour or Bounce in Bangladesh – Law, Solution, Retrieve, Remedies, Punishment – A complete Overview of Cheque Bounce in 2023

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Best Cheque Dishonour Law Firm in Bangladesh tahmid
Table of Contents (Jump through sections) hide
1) Cheque Dishonour or Bounce in Bangladesh – Law, Solution, Retrieve, Remedies, Punishment – A complete Overview of Cheque Bounce in 2023

What to do When Cheque Dishonour or Bounce in Bangladesh? How can you take legal actions to retrieve your money? This post provides complete overview of how to deal with cheque dishonouring in Bangladesh.

Cheque Dishonour or Bounce in Bangladesh

Currently, even a business organisation in Bangladesh like many other countries, without maintaining a bank account, can not operate its daily activities. Despite the massive development in the recent past in Bangladesh of alternative delivery channels such as Internet Banking, BEFTN (Bangladesh Electronic Funds Transfer Network), RTGS (Real Time Gross Settlement) and many other aspects of digital banking, people are still comfortable enough to use checks for personal and business transactions. In the case of large-scale transactions, the use of checks is obviously the best way in our country because of security issues.

The possibility of a check being dishonoured is significantly high due to the high number of transactions through this mode. The receiver of checks must therefore have sufficient and effective legal redress, which they can consider when faced with this situation. Recently, in a case of dishonouring the test, a well-known film actor has been accused and filing these cases is almost regular occurrences with different courts across our country. People deliberately issue checks without making funds available in their bank accounts due to a lack of integrity and ethical practice. It may only seem to be a misdemeanour, it is, in fact, a serious crime.

Cheque Dishonour or Bounce – In Laws of Bangladesh

Both the government of Bangladesh and the Bank of Bangladesh have taken a number of steps to provide adequate legal remedy to protect and pull this state. The following discussion will focus on our country’s prevailing check dishonour law:

1. The most vital law enacted to provide legal remedy to such a situation is the Negotiable Instruments Act, 1881 (Act No. XXVI of 1881). Section 6 of this Act established what constitutes a cheque, stating that’ a bill of exchange drawn on a stated banker and not presented as payable other than on order.’ In addition, in the case of laws, a check was also known as an order on a borrower by a lender to pay the whole or part of a debt to another person.

2. If a check is not cleared because of insufficient funds or if the debtor who issued the check to the lender ordered his bank to dishonor the check or for any other reason, then the remedy will be under Section 138 of the above Act.

3. Section 138 of the Negotiable Instrument Act, 1881 makes it clear that, whenever a check is bounced, it is then accepted as correct until it is otherwise proved that an unscriptural guilt is created which involves punishment of a criminal nature which may include 01 (one) year of captivity or fine, which may extend to three times the value of the dishonoured check or both. In addition, the person who is regrettable also has a civil remedy under the same section, and in order to obtain the civil remedy, the person has to take some steps.

Best Cheque Dishonor Law Firm in Bangladesh | Tahmidur Rahman

4. The first issue to be assessed by the court is whether the check has been presented to the bank for withdrawal within six months of the person being dismissed. If the check has been presented to the bank for withdrawal any time after it has been given to the regrettable person for six months, then the court will not allow the claim. Considering that the check has been submitted within a valid period of time and if it is dishonored, then pursuant to Section 138 of the Negotiable Instrument Act, 1881, the unfortunate person must send a written notice by registered post with acknowledgement due to the person who gave the check claiming the money back.

5. This notice requiring the money back must be sent within 30 days after the check has been bounced, that is, when the regrettable person has been notified that the check given has bounced due to insufficient funds or other reasons. Again, the court will not provide any redress if the notice demanding the money is not sent within the constitutive time. After the above process has been completed and the person receiving the notice does not pay back the money within 30 days of receiving the notice, the mortified person will be allowed to bring a civil claim against that person for the recovery of the money.

6. It should be remembered that the crime of dishonor of the search referred to in section 138 of the Act is considered a criminal offence. The legislation was aimed at punishing and not obtaining a due sum. Nevertheless, the section retains the possibility of restitution as the owner of the check can be paid by the court an amount of any fine recovered up to the check value. If someone wants to recover cash that has not been discovered then he or she will file a civil suit for money recovery. In reality, however, it was found that filing a criminal proceeding under s.138 was the most effective way to recover money.

 

infographics Cheque Dishonour in Bangladesh

Step by Step Process for filing a case for Cheque Dishonour or Bounce in Bangladesh

The recipient of the check may file a case against the applicant under the following conditions:

(A) Submitting the check to the bank:

The default check must be submitted to the bank for encashment within 6 months from the date it is drawn. If the check is dishonored, due to such dishonour, the bank shall give a slip.

(B) Legal Notice:

Upon obtaining a check dishonor slip from the bank, the payment application shall be made by notifying the giver of the check within 30 days by registered post. The recipient will give the money back for 30 days.

(C) Implementing Section 138

Unless, within 30 days of receiving the notice, the giver of the check fails to make the payment of the said amount of money, the receiver of the check shall file a case under section 138 of the Negotiable Instruments Act, 1881.

Now where and how to file a case for Cheque Dishonour or Bounce in Bangladesh

 

The recipient of the check may file a case against the applicant under the following conditions:

When the owner presents the check for encashment to a bank, he will bring in court the claim for check dishonor that has local jurisdiction over that bank.
The offense of check dishonor can be completed with the emphasis on certain specifics:

i) drawing of the check,

ii) presenting the check,

ii) returning the check unpaid by the drawee bank,

iv) giving written notice to the drawer of the check demanding payment of the check sum,

v) failure of the drawer to make payment within 30 days of receipt of the notice.s of receiving the notice, the giver of the check fails to make the payment of the said amount of money, the receiver of the check shall file a case under section 138 of the Negotiable Instruments Act, 1881.

Now, if the above five different acts were carried out in five different locations, one of the courts exercising jurisdiction in one of the five local areas could become the place of trial for the offense of cheque dishonour. The plaintiff may select any of the courts in whose jurisdiction any of the five components of the said offense have been made.

Bank Cheque Bounce Legal Action Law Firm in Dhaka_Tahmidur Rahman

Essential documents you need if you would like to file a case against a dishonoured cheque in Bangladesh

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.
Best Banking Law Firm in Dhaka Bangladesh Tahmidur Rahman

“Tahmidur Rahman|The Legal Source is Considered as one of the leading firms in Banking Law in Bangladesh”

Telegraph Bangladesh

PENALTY FOR CHEQUE DISHONOUR or Bounce in Bangladesh:

The offender who commits the dishonor of the cheque shall be punished with imprisonment for a term of up to one year or with a fine of up to three times the value of the cheque or both.

46713235855 1072fb263a o

Skyscrapers in Bangladesh

FAQ
Infographics
Best Cheque Dishonor Law Firm in Bangladesh | Tahmidur Rahman
Video Tutorial
Author’s Bio
Barrister Tahmidur Rahman

Barrister Tahmidur Rahman is a Bangladeshi lawyer, businessman, and engineer. He is reportedly the first Bangladeshi to simultaneously qualify as a lawyer and an Engineer, while graduating from two different universities at the same time. He was appointed as the CFO of Matte IT LTD and Altersense in 2018 and the Name Partner of Tahmidur Rahman Remura Wahid LP and Tahmidur Rahman Remura in 2023 , two of the most renowned corporate law firms in Bangladesh. He is also working as an executive advisor to Alam Group which is considered in one of the biggest trading companies and grain importers in Bangladesh. Website Tahmidur Rahman Native name Tahmidur Rahman (তাহমিদুর রহমান) Born 6 July 1995 (age 27)Dhaka, Bangladesh Residence Dhaka, Bangladesh Nationality Bangladeshi Education City, University of LondonThe Honourable Society of Lincolns InnNorth South UniversityUniversity of LondonNotre Dame CollegeAdamjee Cantonment Public School Occupation Lawyer Years active 2018- present Known for Lawyer, Engineer, Entrepreneur Home town Gulshan, Dhaka Height 5.10"

Home
Contents [hide]  1 Early Life 2 Career 3 Personal Life 4 Awards 5 References 6 External linksEarly Life Tahmidur Rahman was born in Dhaka, Bangladesh in July 6, 1995. He is the middle child of M.A Monsur and Sazia Afrin Ivy. He grew up in Dhaka Cantonment, before moving to United Kingdom to pursue higher studies in 2020. He later came back to Bangladesh to pursue the legal profession in his homeland. Career Barrister Tahmidur Rahman is widely credited with being the first provider of transaction oriented legal web toolkit to his clients in Bangladesh, which was initially modelled after CC Draft. He also leads TRW's Corporate Commercial Practice and became one of the youngest Partner in the history of the firm in 2023 at the age of 25. His areas of expertise include mergers and acquisitions, FDI in Bangladesh, banking, insurance, joint ventures, corporate restructuring, private equity , tax, family, and fund formation. Tahmidur has spent over a half-decade in the legal profession with some of Bangladesh's leading corporate law firms, and has a diverse and all-encompassing client portfolio. Tahmidur has extensive experience in transactions in a variety of industries and advises clients on all aspects of a transaction, from structuring to exit strategies. Tahmidur is regarded as a Foreign Direct Investment specialist in Bangladesh, having designed several high profile entry strategies for his clients in 2021. He is also the host of Bangladeshi Experience, a lead fin-tech podcast in Bangladesh. Furthermore, he is the CEO of one of the first venture backed Real Estate portfolio companies in Bangladesh, named Lands BD. Personal Life Tahmidur Rahman is married to Barrister Remura Mahbub Remura, who is also a Barrister and got called to the Bar of England and Wales in 2023 alongside Tahmidur and this was the first occasion in the history of the Inn, where a married couple, both the husband and wife got called to the bar at the same time. She is also working as the name partner of Tahmidur Rahman Remura and the acting chairman of Tahrem Group. Awards10 Best Attorneys - BD Law Firms [1] Top 100 FDI lawyers in Bangladesh [2] Best Law Firm in Bangladesh [3] Top 3 Barrister in Bangladesh [4]

Email: [email protected]

Job Title: Name Partner

Want new articles before they get published?
Subscribe to our Awesome Newsletter.

Cheque Dishounor and Legal Remedies in Bangladesh in 2024

Cheque Dishounor and Legal Remedies in Bangladesh in 2024 and how to deal with it Cheque dishonor is a recognized crime in Bangladesh. Checks are increasingly being employed as a means of financial transaction between businesses and people. As a result, cheque...

Issue Management for IPO in Bangladesh

Issue Management for IPO in Bangladesh: How to start a Public Issue A Lead Manager at a commercial or investment bank is in charge of organizing a specific credit or bond issuance. This bank will recruit additional lending institutions or underwriters to form the...

Ad valorem court fee in Bangladesh

Ad valorem court fee in Bangladesh: A Comprehensive Overview Ad valorem court fee in Bangladesh in Bangladesh and the legal system in Bangladesh is an essential component of maintaining justice and resolving disputes. As part of the legal process, court fees play a...

Child Custody after Divorce in Bangladesh:

Child Custody after Divorce in Bangladesh: Legal Child Custody after Divorce in Bangladesh: Laws and Guidelines Child Custody after Divorce in Bangladesh and the Custody and guardianship of children proceedings in Bangladesh are governed by the Family Courts...

Inheritance laws for Muslims in Bangladesh

Inheritance laws for Muslims The majority of civil cases are partition or distribution issues. These cases take substantially longer than typical to resolve. However, if there was a clear understanding of inheritance law, these cases may not have been filed. Today,...

Camera Trial in Bangladesh

Camera Trial in Bangladesh in 2024 Exploring Camera Trials in Bangladeshi Law: A Comprehensive Overview In the realm of criminal justice, the concept of transparency and public scrutiny plays a crucial role in upholding the principles of fairness and accountability....

Function of Family Court in Bangladesh

Function of Family Court in Bangladesh: Functions and Jurisdiction of the Family Court in Bangladesh The primary goal of the Family Court is to facilitate the timely and successful resolution of family law issues. However, as with any other system, certain...

Punishment for Abortion in Bangladesh

Punishment for Abortion in Bangladesh: What is the punishment for abortion? How does one seek sanctuary in the law? A victim of an unlawful abortion or unique crime has two options for filing a case. Such cases can be filed in either the courtroom or the police...

Shark Tank Bangladesh: The legality and everything you need to know

Shark Tank Bangladesh Shark Tank in Bangladesh is a television show that need no introduction. We've all witnessed the business negotiations between the Sharks and their pitchers. These negotiations are simple to understand for someone with a commerce background or...

Bangladesh’s commerce and industry in the twenty-first century

Bangladesh's commerce and industry in the twenty-first century The economy of Bangladesh has emerged as a formidable force in the twenty-first century. It is teeming with laborers, cultivators, and business owners who are resolved to achieve great things. The citizens...
হেবা দলিল সংক্রান্ত তথ্য 2024

হেবা দলিল সংক্রান্ত তথ্য 2024

হেবা কাকে বলে? কোনো মুসলমান কোনো সম্পত্তি কোনো বিনিময় ছাড়াই অন্য কোনো মুসলমানের হাতে তুলে দিলে তাকে হেবা বলে। হেবা সম্পূর্ণ করার জন্য তিনটি জিনিস খুবই গুরুত্বপূর্ণ - হেবার অফার, প্রাপকের সম্মতি এবং দখল হস্তান্তর। স্থাবর বা অস্থাবর সম্পত্তি উইল করা যেতে পারে। একজন...

দেওয়ানী কার্যবিধি  2024

দেওয়ানী কার্যবিধি 2024

সিভিল প্রসিডিউর রুলস ( সিপিআর ) 1997 সালে সিভিল প্রসিডিউর অ্যাক্ট 1997  অনুসারে দ্বারা প্রবর্তিত হয়েছিল এবং এটি , হাইকোর্ট অফ জাস্টিস এবং  ডিসকাউন্ট দ্বারা নিয়ম  । ওয়েলসে  দেওয়ানী  এবং আলোচনা  ।...

Call us!

× WhatsApp!
/* home and contact page javasccript *//* articles page javasccript */