This note provides an international, practice-oriented overview of the common legal and practical responses to a dishonoured cheque in Bangladesh. It is prepared by our London office (Holborn Gate, 330 High Holborn, London, WC1V 7QH) for clients and advisers who may need to understand the principal remedies available under Bangladeshi law. It does not constitute legal advice for any particular case.

Legal framework — the principal mechanisms

Cheque dishonour in Bangladesh is addressed through a mix of statutory and common-law remedies. The principal statutory instrument historically relied upon is the Negotiable Instruments Act, which provides both civil and criminal routes for recovery where a cheque is returned unpaid. Separate bank procedures (return memos, offender reporting) operate alongside civil actions for debt and contractual remedies. Criminal proceedings for dishonoured cheques are commonly pursued where dishonour is alleged to be accompanied by dishonest intent.

Immediate practical steps to preserve your position

When a cheque is dishonoured, early evidence preservation and clear, documented communication materially assists any later recovery or prosecution:

• Retain the original cheque and any bank return memo or dishonour notification.
• Obtain written confirmation from the drawee bank stating the reason for dishonour.
• Record any contemporaneous communications with the drawer (calls, SMS, emails) and preserve transactional records.
• Serve a clear written demand on the drawer seeking payment and inviting rectification or explanation—keep proof of service.
• Assess the drawer’s solvency and any security or guarantees that might support civil recovery.

Available legal remedies

Options typically include:

• Civil recovery: pursuing a contractual or debt claim in the civil courts to obtain judgment for the sum due, interest and costs.
• Criminal complaint: in appropriate cases a criminal prosecution under the relevant statutory provision for cheque dishonour may be available; such proceedings often require precise compliance with statutory pre-conditions and notice requirements.
• Bank-level remedies: lodging complaints with the drawee bank and, in some instances, with the central bank or payment clearing authority for regulatory follow-up.
• Alternative dispute resolution: negotiation, mediation or settlement offers may reduce time and cost, particularly where commercial relationships are ongoing.

Given the procedural nuances and varying evidential thresholds, engaging local counsel at an early stage is normally advisable to determine the most appropriate route.

Practical checklist

1. Secure physical and electronic evidence: cheque, bank return memo, account statements.
2. Request and record the bank’s written reason for dishonour.
3. Send a written demand to the drawer and keep proof of delivery.
4. Consider commercial settlement or ADR where relationships or future business are factors.
5. If recovery is pursued, instruct local counsel to advise on civil vs criminal options and on procedural rules.

Jurisdiction and sources

Primary official sources and institutions for further reference include:

• Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh (official legislation portal)
• Bangladesh Bank (central bank and clearing arrangements)
• Supreme Court of Bangladesh (case law and procedural rules)
• Bangladesh Law Commission / Bangladesh Gazette (statutory texts and amendments)

Where a cheque is central to a cross-border commercial relationship, consider parallel issues in the jurisdiction where enforcement may be sought (for example, England and Wales) and obtain jurisdiction-specific advice.

General information only; not legal advice and not a substitute for advice on a particular matter.