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:
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.
___________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
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.
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