Pro-forma
complaint by firm/company [CD1]
In the Court of Additional Chief
Metropolitan Magistrate………………….Court
At…………… ………………..
Complaint No……………… 20…….
|
……………………… |
|
|
|
|
……………………… ……………………… ……………………… |
|
|
Complainant
Vs. |
|
|
|
|
Accused |
Complaint under
section 138 read with section 142 of the
Negotiable Instruments Act, 1881
MAY IT PLEASE YOUR HONOUR
The Complainant above-named most
respectfully submit as under :
1.
That the Complainant
above-named is a registered partnership firm/a company limited registered under
Indian Companies Act, 1956 having its registered office at…….. and a branch
at………carrying on a business of………., The Complainant is one of its partners/directors
duly authorised by firm/company to file this complaint. A copy of
resolution/power of attorney is annexed.
2.
That the accused above-named is
an individual/firm/company carrying on the business of ……., from its office
mentioned in the title
3.
That the accused above-named
had placed the order for supply of goods/requested for the services of the
Complainant from the Complainant on…………… A copy of order/letter/communication
from the accused is annexed.
4.
That the complainant soled
supplied and delivered the require goods to the accused and the accused has
received the same/rendered the services. A copy of receipt, challan, letter
acknowledging debt is annexed herewith.
5.
To fulfill the liability the
accused issued a cheque bearing No……….. dated……. drawn on ….…….. for
Rs………(Rupees…………only) in infavour of the company. Upon depositing the said cheque was
returned/dishonoured by his banker of the accused for the reason ………….. with
bank memo dated ……………
6.
That thereupon the complaint
sent a notice dated……….. to the accused under section 138 of the Negotiable
Instruments Act, 1881 by registered post on…….. demanding the amount of cheque.
That the said notice was received by the Accused on ………and the accused failed
to repay the amount demanded.
7.
The Accused issued the cheque
knowing fully that he does not have sufficient balance in his Bank account,
thus, he has committed an offence under section 138 of the Negotiable
Instrument Act.
8.
That the cause of action
against the accused has arisen on …….. (date of return) and on……..(last date of
period of notice sent by payee earlier) when after expiry of 15 days period
granted to the accused, he failed to repay the debt/amount of the cheque.
9.
That as the cheque were issued
and/or returned at………. it is within the jurisdiction of this Hon’ble Court and
the cause of action of file the complaint has arisen within the jurisdiction of
this Hon’ble Court, this Hon’ble Court can take cognizance of the offence.
10.
It is, therefore, most
respectfully prayed that this complaint be registered by this Hon’ble court and
action be initiated against the accused under sections 138 and 142 of the
Negotiable Instruments Act, 1881 and the accused be tried and be punished for
the commission of offence above mentioned.
Advocate for Complainant
Complainant
Dated :…………
LIST
OF WITNESSES
1. Complainant.
2. Manager/Authorised officers from Both the Banks i.e. accused and
Complainant.
LIST
OF DOCUMENTS
1.
Copy of Power of
Attorney/letter authorising to file complaint.
2.
Original Cheque being No…………
dated………… 3. Bank return Memo. of
Accused and Complainant Bank.
1.
Copy of notice dated..……..
2.
Postal receipt, A.D Card,
UPC
0 Comments
Thank you for your response. It will help us to improve in the future.