Legal Notice for Dishonour of Cheque under Section 138 of the Negotiable Instruments Act, 1881

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Legal Notice for Dishonour of Cheque under Section 138 of the Negotiable Instruments Act, 1881 — page 3

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BY REGISTERED POST WITH ACKNOWLEDGEMENT DUE

[ALSO BY HAND / ALSO BY E-MAIL — DELETE IF NOT USED]

Date: [DD MONTH YYYY]

To

[FULL NAME OF THE DRAWER OF THE CHEQUE]

[FATHER'S / HUSBAND'S NAME, IF KNOWN]

[ADDRESS: HOUSE, ROAD, AREA, POLICE STATION, DISTRICT]

[IF THE DRAWER IS A COMPANY: NAME OF THE COMPANY, ITS MANAGING DIRECTOR AND ADDRESS]

From

[FULL NAME OF THE PAYEE / HOLDER IN DUE COURSE]

[FATHER'S / HUSBAND'S NAME]

[ADDRESS] · Mobile: [MOBILE NUMBER]

[IF SENT THROUGH A LAWYER: NAME OF ADVOCATE, ENROLMENT NO., CHAMBER ADDRESS]

Subject: Demand for payment of Tk. [AMOUNT] against dishonoured cheque no. [CHEQUE NUMBER] dated [CHEQUE DATE]

Sir / Madam,

1. The cheque

Item Details

Cheque number [NUMBER]

Date on the cheque [DATE]

Amount Tk. [AMOUNT] (Taka [AMOUNT IN WORDS]) only

Drawn on [BANK NAME], [BRANCH], account no. [ACCOUNT NUMBER]

Account holder (drawer) [NAME]

Given to me for [PURPOSE — E.G. REPAYMENT OF LOAN TAKEN ON (DATE) / PRICE OF GOODS SUPPLIED UNDER INVOICE (NUMBER)]

2. Dishonour

1. You issued the above cheque to me in [PAYMENT / PART PAYMENT] of [DEBT OR LIABILITY].

2. I presented the cheque for encashment through [MY BANK AND BRANCH] on [DATE OF PRESENTATION], within six months of its date [AND WITHIN ITS VALIDITY].

3. The cheque was returned unpaid with the remark "[INSUFFICIENT FUNDS / EXCEEDS ARRANGEMENT]". I received information of the dishonour from the bank on [DATE] by [DISHONOUR SLIP / RETURN MEMO / LETTER].

3. Demand

I hereby demand that you pay me the said amount of Tk. [AMOUNT] within 30 (thirty) days of your receipt of this notice, by [CASH AGAINST RECEIPT / PAY ORDER / BANK TRANSFER TO ACCOUNT (NUMBER), (BANK), (BRANCH)].

If you fail to pay within the said 30 days, I shall be compelled to file a complaint against you under section 138 of the Negotiable Instruments Act, 1881 in the competent court, without further notice, and you will be liable for the consequences, including costs. My right to recover the amount through civil court is also reserved.

Please treat this as the notice required under section 138(1)(b) of the said Act.

Yours faithfully,

______________________________

[FULL NAME OF THE PAYEE]

[OR: ADVOCATE FOR THE PAYEE, SIGNATURE AND SEAL]

Copy of:

1. The dishonoured cheque.

2. The bank's dishonour slip / return memo.

BEFORE SENDING — delete this part

Send it within 30 days of the day you received the bank's information about the dishonour. Count from that day.

How to serve: by hand to the drawer, by registered post with acknowledgement due to the drawer's usual or last known address, or by publication in a widely circulated daily Bangla national newspaper (section 138(1A)). Keep the postal receipt and the AD card.

After the notice: the drawer has 30 days from receiving it to pay. If not paid, the complaint must be filed within one month after those 30 days end (section 141(b)).

Original documents: keep the original cheque and dishonour slip safe; send only copies.

Field labels in [SQUARE BRACKETS, CAPITALS] must be completed or deleted. Alternatives are separated by a slash. © Layers (layers.md), licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). Template, not legal advice.

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