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Draft Templates: Statutory Legal Notice & Complaint Petition under Section 138 of the Negotiable Instruments Act, 1881 (Cheque Dishonour Case)

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Below are the complete, ready-to-use draft templates for Section 138 of the Negotiable Instruments Act, 1881, structured for Bangladesh legal practice and suitable for publication on law.gurukul.edu.bd.

STATUTORY PROCEDURE & TIMELINE CHECKLIST

  1. Cheque Presentation: Must be presented to the bank within its validity period (typically 3–6 months from issue date).
  2. Statutory Legal Notice: Must be sent within 30 days of receiving the Bank Dishonour Memo from the bank [Section 138(1)(b)].
  3. Notice Period: The accused drawer must be allowed 30 days from the date of receipt of the notice to make payment [Section 138(1)(c)].
  4. Filing Complaint (CR Case): Must be filed before the CMM/CJM Court within 30 days after the expiry of the 30-day notice period [Section 141].

TEMPLATE 1: STATUTORY LEGAL NOTICE

(To be printed on Advocate’s Official Letterhead)

REF NO: [Chamber/Ref/2026/001]

DATE: [Date of Issuance, e.g., 25 September 2026]

BY REGISTERED POST WITH A/D / HAND DELIVERY

TO:

[Full Name of Accused/Drawer]

Son/Daughter/Wife of: [Father’s/Husband’s Name]

Permanent Address: [Village/House, Road, Thana/Upazila, District]

Present Address: [Village/House, Road, Thana/Upazila, District]

SUBJECT: STATUTORY LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 FOR DISHONOUR OF CHEQUE NO. [Cheque Number] AMOUNTING TO BDT [Amount in Figures]/- ([Amount in Words]).

Dear Sir/Madam,

Under instructions from and on behalf of my client, [Full Name of Complainant/Payee], son of [Father’s Name], residing at [Address of Complainant], I hereby serve upon you this Statutory Legal Notice as follows:

  1. That you and my client share a long-standing [business/personal/contractual] relationship. Against a lawful existing debt/liability arising out of [brief description of transaction, e.g., supply of goods / friendly loan / agreement dated DD/MM/YYYY], you issued in favour of my client a cheque bearing No. [Cheque Number], dated [Cheque Date], drawn on [Bank Name], [Branch Name], amounting to BDT [Amount in Figures]/- ([Amount in Words]).
  2. That upon your assurance that the cheque would be duly honoured upon presentation, my client presented the said cheque for encashment through his bank, [Complainant’s Bank Name], [Branch Name] on [Presentation Date].
  3. That the said cheque was returned unpaid/dishonoured by your bank with a Bank Return Memo dated [Memo Date] with the endorsement / reason: “[e.g., Insufficient Funds / Account Closed / Signature Differs]”. My client received the said dishonour memo on [Date of Receipt of Memo].
  4. That by issuing a cheque without maintaining sufficient funds in your bank account, you have committed an offence under Section 138 of the Negotiable Instruments Act, 1881 (as amended to date).

NOW, THEREFORE, through this Legal Notice, you are called upon to make full payment of the cheque amount of BDT [Amount in Figures]/- ([Amount in Words]) to my client within 30 (thirty) days from the date of receipt of this notice.

Take notice that if you fail to discharge the said liability within the stipulated 30-day period, my client shall be constrained to institute criminal proceedings against you under Section 138 of the Negotiable Instruments Act, 1881 before the competent Court of Judicial/Metropolitan Magistrate, wherein you shall be liable for imprisonment for a term up to 1 (one) year, or with fine which may extend to thrice the amount of the cheque, or with both. You shall also be held liable for all legal costs incurred.

A copy of this notice is retained in my chamber for future legal reference.

Yours faithfully,

[Advocate’s Full Name]

Advocate, Supreme Court of Bangladesh / District Bar Association

[Chamber Address]

Cell: [Phone Number] | Email: [Email Address]

TEMPLATE 2: COMPLAINT PETITION (C.R. CASE)

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE / CHIEF JUDICIAL MAGISTRATE, [DISTRICT NAME]

COMPLAINT REGISTER (C.R.) CASE NO. ________ OF 20____

IN THE MATTER OF:

An application under Section 138 read with Section 140/141 of the Negotiable Instruments Act, 1881 (Act No. XXVI of 1881).

AND

IN THE MATTER OF:

[Full Name of Complainant]

Son/Daughter/Wife of: [Father’s/Husband’s Name]

Address: [Full Present Address]

National ID No: [NID Number]

…… Complainant

—VERSUS—

  1. [Full Name of Accused/Drawer]Son/Daughter/Wife of: [Father’s/Husband’s Name]Address: [Full Present & Permanent Address]…… Accused

(Note: If the drawer is a Company/Firm, list the Company as Accused No. 1 and Managing Director/Director as Accused No. 2 under Section 140)

MOST RESPECTFULLY SHEWETH:

  1. That the Complainant is a law-abiding citizen of Bangladesh and [occupation/business details]. The Accused is [occupation/business details] and an acquaintance/business partner of the Complainant.
  2. That against an existing lawful debt/liability arising out of [details of contract/loan/transaction], the Accused issued a cheque in favour of the Complainant, details of which are provided below:
    • Cheque Number: [Cheque No.]
    • Date: [Cheque Date]
    • Amount: BDT [Amount in Figures]/- ([Amount in Words])
    • Drawn On: [Accused’s Bank Name, Branch Name]
  3. That the Complainant presented the aforementioned cheque for encashment through his bank, [Complainant’s Bank & Branch], on [Presentation Date]. However, the cheque was returned unpaid/dishonoured by the Accused’s bank vide a Return Memo dated [Memo Date] with the remark “[Reason for Dishonour, e.g., Insufficient Funds]”. The Complainant received the Return Memo on [Date of Receipt].
  4. That following the dishonour, the Complainant served a Statutory Legal Notice upon the Accused through his engaged Advocate via Registered Post with A/D on [Date of Legal Notice] demanding payment of the cheque amount within 30 (thirty) days of receipt.
  5. That the said Legal Notice was duly served upon / received by the Accused on [Date of Notice Receipt] (or returned unserved with remarks “Refused/Unclaimed” on [Date]).
  6. That despite statutory notice and receipt thereof, the Accused failed and neglected to make payment of the cheque amount within the mandatory 30 (thirty) days period, which expired on [Expiry Date of 30 days].
  7. That the cause of action for the present case arose on [Date Cause of Action Arose, i.e., day 31 after notice receipt], upon the failure of the Accused to pay the demanded amount within 30 days, and the present complaint is filed within the statutory limitation period of 1 (one) month as prescribed under Section 141 of the Negotiable Instruments Act, 1881.
  8. That the transaction took place, the cheque was presented, and dishonoured within the territorial jurisdiction of this learned Court; hence, this Court has full jurisdiction to try and dispose of this case.
  9. That the documents supporting the complaint are annexed herewith as Annexures ‘A’ to ‘E’.

PRAYER

It is, therefore, most humbly prayed that your Honour would graciously be pleased to:

a) Take cognizance of the offence against the Accused person under Section 138 of the Negotiable Instruments Act, 1881;

b) Issue a process of summons / Warrant of Arrest against the Accused person to compel his appearance before this Court;

c) Try and punish the Accused under Section 138 of the Act and award compensation/fine up to thrice the cheque amount to the Complainant under Section 138(1);

d) Pass such other or further order(s) as may be deemed fit and proper in the interest of justice.

And for this act of kindness, the Complainant as in duty bound shall ever pray.

LIST OF DOCUMENTS (ANNEXURES)

  1. Annexure – A: Original Cheque No. [Cheque No.] dated [Date].
  2. Annexure – B: Original Bank Return Memo dated [Date].
  3. Annexure – C: Copy of Statutory Legal Notice dated [Date].
  4. Annexure – D: Original Postal Receipt & A/D Card (or Postal Delivery Report).
  5. Annexure – E: Copy of Complainant’s NID / Passport.

LIST OF WITNESSES

  1. Complainant (Self)
  2. Manager / Authorized Representative, [Complainant’s Bank & Branch Name].
  3. Manager / Authorized Representative, [Accused’s Bank & Branch Name].
  4. [Name & Address of any independent witness to the transaction, if applicable].

VERIFICATION

I, [Name of Complainant], son of [Father’s Name], aged about [Age] years, by faith [Religion], by profession [Occupation], residing at [Address], do hereby solemnly affirm and state as follows:

That the statements made in paragraphs 1 to 9 of this Complaint Petition are true to the best of my knowledge, belief, and judicial records, and I sign this verification on this the [Day] day of [Month], 20____ at the Court premises, [District Name].

Signature of the Complainant