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The Negotiable Instruments Act, 1881

( ACT NO. XXVI OF 1881 )

[ 9th December, 1881 ]

1Chapter XVII

ON PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE ACCOUNT

Cognizance of offences

141. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),-

 
 
 
 

(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;

 
 
 
 

(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138;

 
 
 
 

2[(c) no court inferior to that of a court of Metropolitan Joint Sessions Judge or of a court of Joint Sessions Judge, as the case may be, shall try any offence punishable under section 138 where the face value of the cheque exceeds Tk. 5 (five) lac; and every other offence punishable under section 138 shall be triable by a court of Metropolitan Magistrate or Magistrate of the first class.]

 
 
 
 
  • 1
    The “CHAPTER XVII” including sections 138 to 141 were substituted, for “CHAPTER XVII” including sections 138 and 139” by section 2 of the Negotiable Instruments (Amendment) Act, 1994 (Act No. XIX of 1994).
  • 2
    Clause (c) was substituted by section 2 of the Negotiable Instruments (Amendment) Act, 2026 (Act No. LXV of 2026).
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