Format of Criminal Complaint to be filed under section 138 of
Negotiable Instruments Act against against return of cheque and
related information
If the accused party do not pay
the amount of cheque as per the notice send by the bearer of cheque, criminal
complaints can be filed under section 138 of Negotiable Instruments Act (read
with section 141 in case of Companies). The complaint should be filed within the
prescribed time with all necessary documents.
To know how to file criminal complaint and statutory
procedures to file Criminal Complaint please browse
Time limit and procedure to file case under
section 138 of Negotiable Instruments Act, 1881.
Draft Format of Criminal Complaint
against return of Cheque
IN THE COURT OF
_____________________________
COMPLAINT NO ___________ OF____
IN THE MATTER OF:
Mr.____________________
COMPLAINANT
VERSUS
Mr. _______________
ACCUSED
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:
-
That the Complainant is working as
_________________________ and is
residing at
______________________________________
-
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.
-
That on _______________ the accused
namely Mr. ______________ had
approached the complainant
personally and asked for a friendly
loan of Rs. ________________.
-
That on __________ complainant paid
Rs. ___________ (Rupees
_____________ as friendly loan
repayable on demand.
-
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.
-
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”.
-
That the dishonor of the cheque
clearly shows and establishes that
the accused did not intend to honor
the amount under the said cheque.
-
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.
-
That the accused is guilty of
offence under Section 138,
Negotiable Instruments Act and is
also liable to be prosecuted under
Section 420 of the Indian Penal
Code.
-
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.
-
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.
-
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
_______
-
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:
-
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
-
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
