1881: Act XXVI] Negotiable Instruments 431

1
[CHAPTER XVII
ON PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR
INSUFFICIENCY OF FUNDS IN THE ACCOUNT
138. 2[(1)] Where any cheque drawn by a person on an Dishonour of
account maintained by him with a banker for payment of any cheque for
insufficiency,
amount of money to another person from out of that account

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3 etc. of funds in

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[* * *] is returned by the bank unpaid, either because of the the account

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amount of money standing to the credit of that account is
insufficient to honour the cheque or that it exceeds the amount

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arranged to be paid from that account by an agreement made

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with that bank, such person shall be deemed to have committed

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an offence and shall, without prejudice to any other provision of
this Act, be punished with imprisonment for a term which may

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extend to one year, or with fine which may extend to 4[thrice]

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the amount of the cheque, or with both:

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Provided that nothing contained in this section shall apply
unless-

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(a) the cheque has been presented to the bank within a
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period of six months from the date on which it is
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drawn or within the period of its validity, whichever
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is earlier;
(b) the payee or the holder in due course of the cheque,
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as the case may be, makes a demand for the

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payment of the said amount of money by giving a

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notice, in writing, to the drawer of the cheque,

within 5[thirty days] of the receipt of information by
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him from the bank regarding the return of the

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cheque as unpaid, and

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(c) the drawer of such cheque fails to make the

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payment of the said amount of money to the payee

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or, as the case may be, to the holder in due course of
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The “CHAPTER XVII” including sections 138 to 141 were substituted, for
“CHAPTER XVII” including sections 138 and 139” by section 2 of the Negotiable
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Instruments (Amendment) Act, 1994 (Act No. XIX of 1994).

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The existing section was re-numbered as sub-section (1) by section 2 of the

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Negotiable Instruments (Amendment) Act, 2000 (Act No. XVII of 2000).

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The words and commas “for the discharge, in whole or in part, of any debt or
other liability,” were omitted by section 2 of the Negotiable Instruments (Amendment)
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Act, 2000 (Act No. XVII of 2000).

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The word “thrice” was substituted, for the word “twice” by section 2 of the
Negotiable Instruments (Amendment) Act, 2000 (Act No. XVII of 2000).
5
The words "thirty days" were substituted for the words "fifteen days" by section 2
of the Negotiable Instruments (Amendment) Act, 2006 (Act No. III of 2006).
 432 Negotiable Instruments [1881: Act XXVI

the cheque, within 1[thirty days] of the receipt of the

said notice.
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[* * *]
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[(1A) The notice required to be served under clasue (b) of

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sub-section (1) shall be served in the following manner-

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(a) by delivering it to the person on whom it is to be

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served; or

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(b) by sending it by registered post with

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acknowledgement due to that person at his usual or
last known place of abode or business in

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Bangladesh; or

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(c) by publication in a daily Bangla national newspaper
having wide circulation.]

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[(2) Where any fine is realized under sub-section (1), any

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amount upto the face value of the cheque as far as is covered by
the fine realized shall be paid to the holder.
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(3) Notwithstanding anything contained in sub- section
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(1) and (2), the holder of the cheque shall retain his right to
establish his claim through civil Court if whole or any part of
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the value of the cheque remains unrealized.]

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Restriction in [138A. Notwithstanding anything contained in the Code

respect of
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of Criminal Procedure, 1898, no appeal against any order of

appeal sentence under sub-section (1) of section 138 shall lie, unless an
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amount of not less than fifty per cent of the amount of the
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dishonoured cheque is deposited before filing the appeal in the

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court which awarded the sentence.]

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139. [Omitted by section 3 of the Negotiable Instruments

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(Amendment) Act, 2000 (Act No. XVII of 2000).]

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The words "thirty days" were substituted, for the words "fifteen days" by section
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2 of the Negotiable Instruments (Amendment) Act, 2006 (Act No. III of 2006).
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2
The Explanation of sub-section (1) of section 138 was omitted by section 2 of the
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Negotiable Instruments (Amendment) Act, 2000 (Act No. XVII of 2000).

3
Sub-section (1A) was inserted by section 2 of the Negotiable Instruments
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(Amendment) Act, 2006 (Act No. III of 2006).

4
Sub-sections (2) and (3) were added by section 2 of the Negotiable Instruments
(Amendment) Act, 2000 (Act No. XVII of 2000).
5
Section 138A was inserted by section 3 of the Negotiable Instruments
(Amendment) Act, 2006 (Act No. III of 2006).
 1881: Act XXVI] Negotiable Instruments 433

140. (1) If the person committing an offence under section Offences of

138 is a company, every person who, at the time the offence was companies
committed, was in charge of, and was responsible to, the
company for the conduct of the business of the company, as well
as the company, shall be deemed to be guilty of the offence and

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shall be liable to be proceeded against and punished accordingly:

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Provided that nothing contained in this sub-section shall

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render any person liable to punishment if he proves that the

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offence was committed without his knowledge, or that he had

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exercised all due diligence to prevent the commission of such
offence.

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(2) Notwithstanding anything contained in sub-section (1),

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where any offence under this Act has been committed by a

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company and it is proved that the offence has been committed

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with the consent or connivance of, or is attributable to, any

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neglect on the part of any director, manager, secretary or other

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officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall
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be liable to be proceeded against and punished accordingly.
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Explanation - For the purposes of this section-

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(a) “company” means any body corporate and includes a

firm or other association of individuals; and
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(b) “director” in relation to a firm, means a partner in the

firm.
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141. Notwithstanding anything contained in the Code of Cognizance of

Criminal Procedure, 1898 (Act V of 1898),- offences
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(a) no court shall take cognizance of any offence

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punishable under section 138 except upon a

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complaint, in writing, made by the payee or, as the

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case may be, the holder in due course of the cheque;

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(b) such complaint is made within one month of the date

on which the cause of action arises under clause (c)
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of the proviso to section 138;

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[(c) no court inferior to that of a Court of Sessions shall
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try any offence punishable under section 138.]]

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SCHEDULE − [Repealed by the Amending Act, 1891 (Act

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No. XII of 1891).]

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1
Clause (c) of section 141 was substituted, for the former clasue (c) by section 4 of
the Negotiable Instruments (Amendment) Act, 2006 (Act No. III of 2006).