Author(s): Md. Abdul Mannan Bhuyean

Abstract: In Bangladesh, specific transactions have been executed by bank cheques based on mutual consent for numerous years. The dispute resulting from cheque dishonor is regulated by the provisions specified in the Negotiable Instruments Act, 1881.The primary objective of the Act is to penalize the offender and impose a fine for fraudulent practices resulting from the dishonor of a cheque. This article focuses on Sections 138, 138A, 140, and 141 of the Negotiable Instruments Act, 1881, and it critically examines the legislative framework and judicial developments concerning check dishonor cases in Bangladesh. It examines the increasing incidence of similar situations, recent legal rulings, and the practical challenges in implementing these regulations. Likewise, it delineates the strain that procedural formalities and the inappropriate implementation of punitive measures for reinstatement have imposed on the judiciary. The document suggests legislative and procedural changes intended to improve the system's effectiveness and equity, based on an examination of existing case law and policy ramifications to support alternative conflict resolution strategies.

DOI: 10.22271/27891607.2025.v5.i1d.280

Pages: 265-267 | Views: 73 | Downloads: 29

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