Complaint under Section 138 Of Negotiable Instruments Act

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE (CJM), City

Complaint No. ________of 202_

ABC son of Sh. …….. aged years,R/…………………………. ……..                                                               ………………….Complainant

Versus

XYZ son of …………….. R/o # ………………………………                                                                              ………… Accused

COMPLAINT ON BEHALF OF THE DEPONENT UNDER SECTION 138 READ OF THE NEGOTIABLE INSTRUMENT ACT AS AMENDED UPTO DATE.

RESPECTFULLY SHOWETH:
1. That the complainant has a friendly relations with the accused and in the month of ………, the accused approached the complainant for friendly loan of Rs. 50,000/- as the accused was facing great financial hardship due to his family need and the accused requested the complainant for a friendly loan of Rs. ……….. Being a good friend of accused, the complainant arranged a sum of Rupees …………../- in the first week of …………….

2. That in discharge of his liability pay the amount of friendly loan to complainant issued a Cheque bearing No. …………….. Dated ……. for Rs. ……./- drawn on Bank Branch ……………. in favour of complainant. Copy of original Cheque is annexed as Annexure C- 1.

3. That the complainant presented the above said cheque issued by the accused for encashment in his banker i.e. . Bank Branch …………….but the complainant was shocked to know that the said cheque was returned back dishonoured vide dishonouring memo’s dated ………… with remarks ‘Funds Insufficient” which was received by the complainant thereafter. That infact the accused had cheated the complainant by inducing with the knowledge that the cheque would be dishonoured on its presentation. Memo is annexed as Annexure C-2.

4. That the Complainant on receipt of the information from its bankers regarding the dishonoring of the cheque and in compliance of the Negotiable Instruments Act, got issued a legal demand notice dated ………….. through Registered Post calling upon the accused to clear the outstanding amount of said dishonoured cheques within fifteen days from the receipt of notice as required under the law and the same is presumed to be received by the accused. The accused has failed to make the payment of the said Cheque amount within stipulated period, despite the receiving of said notice. Copy of legal Notice and postal receipts are annexed as Annexure C-3 and C-4.

5. That it is quite clear from the aforesaid that the accused, with a dishonest intention to have wrongful gain for him and to cause wrongful loss to the Complainant, issued the cheque knowing fully well that the cheque would not be honour and hence exposed for the commission of offence U/s 138 of the Negotiable Instruments Act 1881 as amended up to date.

6. That this Hon’ble Court has got jurisdiction to entertain and decide the present complaint as the cheque in question is presented and issued at ……….. and received back dishonored at ……………… through his banker’s. Hence this Hon’ble Court has got the jurisdiction to try and entertain the present complaint.

7. That the Complainant has not filed any similar complaint related to said dishonored cheque against the accused nor is pending in any court of law.

It is therefore, respectfully prayed that the accused may kindly be summoned, tried and punished in accordance with the provision of law under Section 138 of the Negotiable Instrument Act. As well as fine/compensation to the extent of double the amount of the Cheque be imposed upon the accused and ordered to be paid to the Complainant, compensating the Complainant in the interest of justice.

City                                                                               Complainant
Dated

Through Counsel

Advocate

LIST OF WITNESSES:
1 Complainant
2 Official concerned with the relevant record from the accused’s banker.
3 Official concerned with the relevant record from the banker’s of Deponent.
4 Any other witness with prior permission of this Hon’ble court.
LIST OF DOCUMENTS ATTACHED:
1. Copy of Bills
2. Original Cheque
3. Copy of Dishonoring Memo
4. Legal Notice and Postal receipt
5. Any other document with the Deponent with the permission of court.

City                                                                                    Complainant
Attach alongwith this Complaint: Preliminary Evidence by way of Affidavit

Spread the love