Cheque Dishonour Law and Practice training centre in Bangladesh

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Cheque Dishonour Law and Practice

Introduction

Now-a-days, Cheque and Cheque Dishonour are the common words in any transaction. Issuing Cheque has also become very important in daily transaction. When any person issues cheque he becomes liable to pay the amount. Sometimes, it becomes an unpleasant event when some persons issue cheque with fraudulent intention to avoid the payment. In that context, you need to recover the amount by way of invoking proper legal actions as stipulated in the relevant laws of Bangladesh. For recovery of the due amount, you have to be very cautious otherwise; you may lose your due amount. For this, you should, at least, know the time frame of cheque submission, issuing notices, the appropriate courts as well as the procedure etc.

All the above matters are enacted in the Negotiable Instruments Act, 1881.If anyone wants to protect his rights, he must need to know the literal as well as the practical relevant matter on the issue. The Act also enacted the provisions of the Cheque Dishonour if done by the company as well as other institutions.

How participants will be benefited after the course:
Participants will know how to recover the due amount as well as the proper procedure for recovery of any due amount. They will also know what they should do for getting their remedies. Learned advocates, Apprentice lawyers, Law students as well as who have interest to know about this matter will know how to file the cases in the appropriate Courts. They will also know about the steps and procedure followed in the cases filed under this Act from the lower courts to the Highest Court.

Methodology

PowerPoint Presentation, Practical drafting, Group Discussion, Question and Answer, Case Study.

Contents of Training:

1. Cheque, its classifications and Dishonour.
2. If Cheque issued by Individual to Individual, Company to Company, Company to Individual, Individual to Company: - the legal provisions.
3. Where amount is stated differently in figures and words: - the legal provisions.
4. What are the grounds or causes of Dishonour?
5. How many times a cheque should be Dishonoured?
6. How many times Legal Notice should be sent and Process of serving Legal Notice?
7. Whether it should be ‘Legal Notice’ or ordinarily a ‘Notice’ and objects of Notice?
8. What one should do if his/her signed Cheque is Stolen, Lost or Dishonoured?
9. Post-dated cheque, Security cheque and their Procedure.
10. Offence when becomes complete and Crucial date for offence?
11. Punishments for Dishonour ?
12. Suit in Civil Courts and its Stages under NI Act, 1881.
13. Cheque Dishonour and section 138 of NI Act.
14. Whether the director of a company shall be liable under section 138 or not?
15. Repayment of Money after occurrence of the Offence: - the legal provisions.
16. Offence Cognizable or not?
17. What documents need for a case u/s 138 of NI Act?
18. Time limit, Limitation & Condonation of Delay.
19. Withdrawal of complaint by the complainant: - the legal provisions.
20. Engaging all directors of the company: - the legal provisions.
21. Jurisdiction matter of the case.
22. Cheque issued by the additional director not in charge of company: legal Effect?
23. Procedure; if Notice is to Managing Director of a company or the Managing Partner of firm?
24. Whether the issuer can revalidate the cheque or not?
25. Whether the dishonour shall constitute offence; not for insufficiency of fund?
26. The death of the complainant: - the legal effects.
27. Format of notice under section 138 of NI Act?
28. Complaint by the Power of Attorney holder: - the legal provisions.
29. Notice returned referring ‘the recipient not found’: - the legal effects.
30. Suit/case against Company or Firm?
31. Complaint by the Manager or Employee of the Company.
32. Call for Bank’s records: - the legal provisions.
33. Account closed: - the legal provisions.
34. Resignation of the director after issuing cheque: - the legal provisions.
35. Premature of complaint: - the legal provisions.
36. When day of maturity is a holiday: - the legal provisions.
37. When Dishonour is for ‘Stop Payment by Drawer’: - the legal provisions.
38. Whether pay order is a cheque or not?
39. Vicarious Liability: - the legal provisions.
40. What will be your Defence if your Cheque is dishonoured?
41. Case under Cr.P.C / General Law/ Penal Code: - the legal provisions.
42. Cheque not presented within 6 months: - the legal provisions.
43. One Cheque; how many offences would be: - the legal provisions.
44. Submission of Cheque more than once: - the legal provisions.
45. When Cause of Action of suit/complaint arise?
46. Cases under Section 138 of NI Act and Section 420 of Penal Code.
47. Power of Attorney (POA) for filing suit.
48. Case under section 406 of Penal Code.
49. Can a Company be dissolved if there lays case u/s 138 of NI Act?
50. Disputed question of fact and section 561A of Cr.P.C.
51. The effect of non-mention of receipt date of notice in case: - the legal provisions.
52. Suit refusing the amount mentioned in the cheque.
53. What are the Drawee bank’s obligations? The legal provisions.
54. What are the Protections to the paying Bank?
55. Determination to the Drawee Bank’s Authority
56. The required legal provisions for a banker if Cheque is presented to him?
57. Material Alteration of Cheque and Forgery of the Drawer’s signature: - the legal provisions.
58. Recovery of money paid by mistake: - the legal provisions.
59. Legal Provisions for the Collecting bank’s negligence?
60. Prosecution of the Drawer: - the legal provisions.
61. Bankers’ Draft, Pay order and Travelling Cheque etc.
62. Notice not served, whether cognizance can be taken or not?
63. Constructive service of notice and computation of period of 30 days.
64. Address not found/ Notice came back unnerved: - the legal provisions.
65. ‘Said amount 'regarding demand notice: - the legal provisions.
66. If the Drawer fails to give the due amount after notice: - the legal provisions.
67. Incomplete signature of drawer: - the legal provisions.
68. Demand notice came back ‘unclaimed’ and procedure for computation of period of limitation?
69. Effects of Refusal to accept notice: - the legal provisions.
70. Notice if sent by Fax, e-mail, telegram etc. and their Effects.
71. Service of notice whether it is condition precedent for filing complaint or not.
72. Unsigned notice: - the legal provisions.
73. Notice demanding payment before or after expiry of 30 days: - the legal provisions.
74. Effect of Cheque number differing in notice: - the legal provisions.
75. Notice sent after expiry of 30 days, whether complaint can be filed or not?
76. Effect of non- notice within 30 days of receipt of information: - the legal provisions.
77. Notice under director’s name: Effects
78. Evasion of notice whether amounts to service or not?
79. Evasion of Notice – burden of proof: - the legal provisions.
80. Whether notice should be sent only by Government post or not?
81. ‘Refer to drawer’-meaning and the legal provisions.
82. Case under NI Act and Artha Rin Adalat Ain simultaneously: - the legal provisions.
83. Whether both Money Suit and Cheque Dishonour case go parallel or not?
84. Whether both criminal case and cheque dishonour case go parallel?
85. Whether the court is bound to fine thrice and the complainant is eligible to get it or not and Matters the Court is to comply.
86. Interest calculation: - the legal provisions.
87. What must be included in the petition, Annexure with the petition and Court fees?
88. Whether a signature expert may be sought by the accused or not?
89. Withdrawal of complaint: - the legal provisions.
90. Offences by Company or individual: - the legal provisions.
91. Whether the complaint can be sent to the police for investigation or not?
92. Provisions for one case for dishonour of many Cheques.
93. Provisions for one suit for dishonour of many Cheques in different dates.
94. Whether the legal right can be denied for technical fault or not: - the legal provisions.
95. The difference between complaint u/s 138 and 141 of NI Act.
96. Effect of Dismissal of the complaint for the absence of the complainant
97. Transaction taking place in two places or more: - the legal provisions.
98. Compromise,Judgment,Exparte-decree, Bail, Appeal, Review, Revisionetc.
99. High Court Division – Criminal Miscellaneous Jurisdiction u/s 561A (Quashment)
100. Appellate Division-Judgments.
101. Question & Answer on Cheque Dishonour

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