Cheque Bounce to Courtroom: Step-by-Step Guide to NI Act Cases in Bangladesh

Steps for handling cheque dishonour cases in Bangladesh under the Negotiable Instruments (NI) Act, 1881.

1. Present Cheque:

Time: 1-3 days
Submit within 6 months of signing
Obtain dishonour slip for insufficient funds only.

2. Appoint Lawyer & Prepare Documents
Time: 1-2 weeks
Engage panel lawyer
Gather required documents: legal notice, slip, NID, PoA, cheque copies, petition (Form-87).

3. Legal Notice Stage
Time: 45-60 days
Issue notice under NI Act sections 138/140 within 30 days of dishonour
Send via post/A/D/newspaper, demanding payment
Allow 30-day grace period from notice receipt for payment
Non-compliance enables filing.

4. Filing & Cognizance
Time: 2-4 months
Draft and vet petition with lawyer
Prepare complaint with 3 witnesses (officer, petitioner, lawyer)
Vet with branch/LAD
Include all directors for companies
File case to CMM (metro) or CJM (district)

Court actions: cognizance (s.141), summons/warrants, police inquiry/report, bail/ADR options.

5. Trial in Sessions Court
Time: 1-3 years
Transfer case to District/Metro Sessions Judge (T.R. No.), then Joint/Additional Judge
Proceedings: frame charges, open case, hearings (P.H./F.H.), evidence (exam-in-chief/cross/re-exam), arguments
Judgement: acquittal/conviction (bailable; max 1-year jail + 3x fine; recover cheque amount only).

6. Appeals & Recovery Options,:
Time: 1-5 years (depending on remedy)
Appeal: 50% deposit required; 30 days to Sessions Judge, 90 days to HCD (6 months - 2 years).

Revision: No deposit required, to higher court post-appeal (6 months - 2 years).

Other Remedies: Civil suit (Order 37 CPC), Penal Code (ss.406/420), writ quashment, ADR/solenameh, PDR Act fine recovery, clemency (varies: 6 months - 3 years)

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