Prepared for international clients of our London office at Holborn Gate, 330 High Holborn, London, WC1V 7QH, this note summarises key features of cheque dishonour in Bangladesh, practical evidential and procedural considerations, and a brief comparative perspective with England and Wales. The content is a general overview intended to help multi‑jurisdictional businesses assess next steps and risks; it is not legal advice.

Overview of the problem

Cheque dishonour remains a common commercial friction point in many jurisdictions where cheques continue to circulate. Where a cheque is returned unpaid, affected payees typically consider both criminal and civil remedies, enforcement of monetary obligations, and commercial risk mitigation. In cross‑border scenarios, questions of jurisdiction, service of process, evidence preservation and recognition of foreign judgments can be decisive.

Bangladesh: legal framework and typical remedies

Bangladesh implements a statutory regime for negotiable instruments that recognises both criminal and civil pathways. The Negotiable Instruments Act (originally enacted in 1881) provides for remedies where a cheque is dishonoured. In practice, affected parties commonly rely on the statutory procedure under the Act and on civil claims for unpaid sums.

Key elements practitioners typically consider include:

• Existence of a statutory remedy that contemplates formal demand or notice to the drawer and, in some cases, criminal complaint procedures maintained by public authorities;
• Concurrent civil remedies pursuing the underlying debt and related contractual claims, including applications for interim relief in appropriate circumstances;
• The importance of documentary proof: original cheque, bank return memo or pay‑in slip, correspondence and transactional records; and
• Practical interplay with banking processes (endorsement, presentation and clearing) and with enforcement mechanisms available under domestic law.

Procedures and time limits vary; practitioners should obtain local advice before proceeding.

Comparative perspective: England and Wales

By contrast, in England and Wales cheque dishonour is generally addressed through civil processes governed by the Bills of Exchange Act 1882 and the civil enforcement regime. Remedies include issuing a claim for the unpaid sum in the county or High Court, obtaining interim remedies (injunctions, freezing orders) in appropriate cases, and enforcement via court officers. Criminal prosecution is unusual and typically requires a separate standard of evidence and public interest considerations.

For international creditors, England and Wales may offer effective enforcement routes against assets located in the UK; however, enforcement of Bangladeshi judgments or bringing proceedings in Bangladesh will raise jurisdictional and private international law considerations.

Practical checklist

• Preserve originals: keep the original cheque, bank return memo and any pay‑in receipts.
• Collect corroborating evidence: bank statements, correspondence, invoices and proof of presentation.
• Record communications: retain copies of any demand notices or settlement offers.
• Assess jurisdiction: determine where proceedings should be brought and whether UK remedies are required against assets in England & Wales.
• Consider enforcement strategy: civil claim, interim relief, or parallel domestic procedures in Bangladesh.
• Seek local counsel: engage a firm experienced in Bangladeshi banking and commercial litigation for procedural steps and timing.

Jurisdiction and sources

• Bangladesh laws (Bangladesh Code) — for statutory texts including the Negotiable Instruments Act.
• Bangladesh Bank — central bank guidance and banking practice.
• Supreme Court of Bangladesh — case law and court procedures.
• Bills of Exchange Act 1882 (UK) — statutory framework in England and Wales for negotiable instruments.
• HM Courts & Tribunals Service and GOV.UK guidance on debt recovery — for English enforcement procedures.

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