Cheque dishonour cases up to Tk 5 lakh to be tried by magistrate courts, High Court rules

In cheque dishonour cases where the amount is up to Tk 5 lakh, the trial will be conducted by a magistrate court. If the amount exceeds Tk 5 lakh, the trial will be conducted by a joint district judge court. The High Court has given this ruling.

Lawyer Mahmudul Arefin Swapan confirmed the matter on Monday, 9 November, saying the High Court bench of Justice K. M. Zahid Sarwar and Justice Md. Zakir Hossain delivered the verdict.

The lawyer said that on 10 April last year, the government brought an amendment stating that cases above Tk 5 lakh would be tried by joint sessions courts, while cases up to Tk 5 lakh would be tried by magistrate courts. But that was not being implemented in the courts.

He said that in a case from Joypurhat, he filed a case on 28 October before the bench of Justice K. M. Zahid Sarwar and Justice Md. Zakir Hossain. It was a cheque dishonour case involving Tk 1,86,000. The case was pending in a joint sessions court.

The lawyer added that he filed a case under section 561(A) challenging the law. The verdict date for that case was 29 October. At that time, the court issued a short rule.

Yesterday, the hearing on that rule ended, and the court made the rule absolute. The court said that under the amendment to the Negotiable Instruments Act, 1881, which was made on 10 April, cheque dishonour cases up to Tk 5 lakh will be tried by magistrate courts, and cases above Tk 5 lakh will be tried by joint sessions courts.

Lawyer Mahmudul Arefin Swapan said that under the amendment, joint sessions judges have lost jurisdiction over cases of Tk 5 lakh or below that are currently pending in joint sessions courts.

As a result of this ruling, smaller cheque dishonour cases are now expected to be tried in magistrate courts. Those concerned believe this will make the trial process faster and simpler.

On the other hand, cases involving more than Tk 5 lakh will be tried in joint district judge courts, which is consistent with the earlier amendment. The court's clarification is expected to remove the ongoing confusion over jurisdiction in cheque dishonour cases.