Table of Contents
- Overview
- Legal Framework
- Step-by-Step Process
- Requirements and Documents
- How TRW Can Help
- Frequently Asked Questions
Related Reading: Bail Application in Bangladesh | Anticipatory Bail | High Court Bail | Bail Conditions | Remand Hearing
Bail in Cheque Dishonour Cases — Overview
Cheque dishonour cases in Bangladesh are filed under Section 138 of the Negotiable Instruments Act 1881 (NI Act), as amended by the Negotiable Instruments (Amendment) Act 2006. The offence carries a maximum punishment of one year imprisonment or a fine up to three times the cheque amount, or both.
Since the maximum sentence is one year (less than three years), cheque dishonour is a bailable offence under the First Schedule of the CrPC. This means that bail in cheque dishonour cases in Bangladesh is a right, not a discretion — the court must grant bail upon the accused furnishing a surety bond.
Legal Framework — NI Act and Bail
- Section 138 NI Act: Offence of cheque dishonour — imprisonment up to 1 year or fine up to 3x cheque amount, or both.
- Section 496 CrPC: For bailable offences, bail is a right. The court or police officer must release the accused on bail upon furnishing a surety.
- Section 138A NI Act: Presumption in favour of the holder — the court presumes the cheque was issued for a legally enforceable debt. The accused must rebut this presumption.
What to Do If Arrested in a Cheque Dishonour Case
Step 1: Contact a Lawyer Immediately
As soon as you are arrested or summoned in a cheque dishonour case, contact a lawyer immediately. Since the offence is bailable, you are entitled to bail as a matter of right.
Step 2: Apply for Bail at the First Hearing
At the first hearing before the Magistrate, your lawyer should apply for bail. Since cheque dishonour is a bailable offence, the Magistrate must grant bail upon you furnishing a surety bond. The surety amount is typically set at the cheque amount or a reasonable proportion thereof.
Step 3: Prepare the Defence
While on bail, your lawyer should prepare the defence. Common defences in cheque dishonour cases include: the cheque was not issued for a legally enforceable debt; the cheque was issued as security and not for payment; the legal notice was not properly served; the complaint was filed outside the limitation period; or the cheque was stolen or forged.
Step 4: Consider Compromise
Cheque dishonour cases can be compounded (settled) between the parties at any stage. If you can pay the cheque amount or reach a settlement with the complainant, the case can be withdrawn. TRW Law Firm regularly facilitates settlements in cheque dishonour cases.
Documents Required for Bail in Cheque Dishonour Case
- Copy of the complaint
- Copy of the dishonoured cheque and bank return memo
- Copy of the legal notice sent by the complainant
- National ID card of the accused
- Surety's NID and financial documents
TRW Law Firm — Cheque Dishonour Defence
TRW Law Firm handles cheque dishonour cases from both sides — representing complainants seeking to recover cheque amounts and defending accused persons against cheque dishonour complaints. The firm provides urgent bail assistance and comprehensive defence strategy for cheque dishonour cases across all courts in Bangladesh.
Expert Legal Assistance
For professional legal assistance on bail matters in Bangladesh, contact the experienced team at Tahmidur Rahman's Law Office. Barrister Tahmidur Rahman and Barrister Remura Meheruba Mahbub lead a dedicated team at TRW Law Firm Bangladesh with extensive experience in criminal defence, bail applications, and High Court matters.
The firm handles urgent bail matters across all courts in Bangladesh — from Sessions Court to the High Court Division. Same-day bail application filing is available for urgent cases.
Frequently Asked Questions
Q: How quickly can a bail application be filed in Bangladesh?
A: An urgent bail application can be filed on the same day at the Sessions Court. High Court bail applications typically take 2-3 working days to prepare and file properly.
Q: What is the difference between regular bail and anticipatory bail?
A: Regular bail is applied for after arrest, while anticipatory bail under Section 498 CrPC is sought before arrest when there is apprehension of arrest. Anticipatory bail can only be granted by the Sessions Court or High Court.
Q: Can bail be cancelled once granted?
A: Yes. Under Section 497(5) CrPC, bail can be cancelled if the accused misuses bail, tampers with evidence, threatens witnesses, or fails to appear in court. The prosecution or court can apply for cancellation.
Q: What happens if the bail application is rejected?
A: If rejected by the Sessions Court, a fresh application can be made to the High Court Division. Each court considers the application independently based on the merits at that time.