Format of
Criminal Complaint u/s 138 of Negotiable Instruments
Act against return of cheque. [CD1]
Draft format for filing criminal complaint under section 138 of
Negotiable Instruments Act is given below to get idea to prepare the complaint.
Draft Format of Criminal Complaint against return of Cheque
IN THE COURT OF _____________________________
COMPLAINT NO ___________ OF____
IN THE MATTER OF:
Mr.____________________
CO
MPLAINANT
VERSUS
Mr.
_______________
ACCUS
ED
POLICE STATION:____________
COMPLAINT UNDER SECTION
138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 (AS AMENDED UPTO DATE) FOR THE SUM
OF RS. ______________ (RUPEES ________________
ONLY)
MOST RESPECTFULLY SHOWETH:
1. That the Complainant is working as
_________________________ and is residing at
______________________________________
2. That the present complaint is being
field by the complainant Mr.___________________ to cause appearance in this
Hon'ble Court and to depose and conduct the proceedings.
3. That on _______________ the accused
namely Mr. ______________ had approached the complainant personally and asked
for a friendly loan of Rs. ________________.
4. That on __________ complainant paid
Rs. ___________ (Rupees _____________ as friendly loan repayable on demand.
5. That towards payment of amount of
loan the accused issued
Cheque No. ______________ Dated ____________for Rs. ___________to the
complainant. That in order to discharge their above said liability and in
accordance with the agreed terms and conditions, the accused had issued Cheque
No. _____________
Dated ___________for Rs. ___________/- drawn on
___________________. The said cheque was issued from Account No.
____________________which is held in the name of the accused. That the present
complaint is based on the dishonor of the above said cheque which was issued in
discharge of a lawful debt.
6. That at the time of handing over the
above said cheque the accused had assured the complainant that the said cheque
will be honored/encashed on presentation. Taking the above
assurance/representation as true, the complainant had accepted the above said
cheque.
That on the basis of the assurances given by the accused, the complainant
presented the above said cheque with its bankers namely
___________________________________ and was dishonored vide cheque return
advice dated _____ issued by the complainants bank. The aforesaid cheque was
returned unpaid vide returning memo dated ____________with the remarks
"FUNDS INSUFFICIENT".
7. That the dishonor of the cheque
clearly shows and establishes that the accused did not intend to honor the
amount under the said cheque.
8. That on account of the dishonor of
the said cheque, the complainant had served a legal notice dated
____________upon the Accused by way of Registered Post vide Receipt No.
_________________ dated ___________However, despite service of notice, the
accused has not taken any steps to liquidate his liability and has failed to
make balance payments to the complainant towards the amount covered under the
said cheque, within the statutory period of 15 days or thereafter. Thus, the
Accused has, therefore committed an offence within the meaning of Section 138
and other sections of the amended provisions of the Negotiable Instruments Act,
1881, for which he is liable to be prosecuted and punished.
That the accused have failed to make payment against the said cheque
which has been done by them malafidely, intentionally and deliberately and
knowingly. That at the time of issuing the said cheques the accused were fully
aware that the said cheques will not be honored on presentation. Therefore, the
accused has dishonestly induced the complainant to advance a sum of
_________________ /- (Rupees __________________ Only) fully knowing that he
cannot repay the said amount to the complainant.
9. That the accused is guilty offence
under Section 138, Negotiable Instruments Act and is also liable to be
prosecuted under Section 420 of the Indian Penal Code.
10.
That
in view of the facts and circumstances, the complainant has a cause of action
and right to file the present complaint. The cause of actions has arisen in
favour of the complainant when, on the expiry of the notice period, the Accused
has not come forward to pay the amount relating to the dishonored cheques. The
cause of action is still subsisting and continuing in nature.
11.
That
the cause of action has arisen at __________ as the cheques was issued at
_________, and the same was payable at __________ and was also dishonored at
_________. Therefore this Hon'ble Court has jurisdiction to try and adjudicate
upon the present complaint.
12.
That
the complaint is well within limitation period prescribed under the Act:
i. Date of Dishonor ______ ii. Date
of Notice ______
iii. Date of filing Complaint _______
13.
That
a list of documents and list of witnesses are annexed with this complaint.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be
pleased to:
a. Summon, prosecute and punish the
Accused and also direct the accused to pay the amount as double to the amount
covered under the said dishonored cheques, under the provisions of Section 138
read with Section 142 of the Negotiable Instruments Act,1881 as amended by the
Negotiable Instrument laws (Amended and Miscellaneous Provisions) Act, 2002. In
accordance with Section 357 of Code of Criminal Procedure 1974, out of the
penalty imposed, the Accused be ordered to compensate the Complainant to the
extent of Rs._______ /- (Rupees ______________ Only) and
b. Such other and further orders may be
passed as may be deemed fit and proper by this Hon'ble Court.
It is
prayed accordingly.
PLACE:
DATED:
COMPLAINANT
THROUGH :
ADVOCATES
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