Complaint by a Leasing Company

In the Court of Additional Chief Metropolitan Magistrate………………….Court
At…………… ………………..
Complaint No……………… 20…….

M/s……………., a Public Limited
Company having its Registered Office
At………….through their authorized person			Complainant

Vs.

………………………….., 
…………..Hire Purchase Agency,
carrying on business at……….					Accused
								
Complaint under section 138 
read with section 142 of the
Negotiable Instrument Act, 1881

MAY IT PLEASE YOUR HONOUR

The Complainant submits as under :

1) That the complainant…………., is the Manager of ………… and is conversant with the facts of the present case and is competent before this Hon’ble Court. The Complainant is carrying on business of leasing/hire purchase of machinery, equipments, vehicles, electrical items such as refrigerators, room coolers and other heating and cooling appliances.

2) That the accused is firm ……………..………Hire Purchase Agency and is carrying on his business in the …………………… trade name.  The accused placed and order as per their require goods ……………….. The require goods were sold, supplied and delivered to the accused …………………….. the goods were as per the Order and specification of the accused and same were found satisfactory by the accused. The accused promise to pay Rs….…….. in monthly instalments of Rs……….. total ………… instalment. To fulfill the liability the accused issued cheque being No………. dated……….. of Rs……….. drawn on………… in favour of the complainant towards part payment. The complainant deposited the said cheque on ………….. in their banker …………….. for encashment. The said cheque return unpaid by the banker of the accused for reason………………….. with bank memo dated ……………

3) The Complainant sent  Legal notice dated ……………. through their Advocate under clause (b) of the proviso to section 138 of the Negotiable Instruments Act, 1881 the said notice was  duly received by the accused on……and despite the receipt of the said notices the accused had failed to make the payment of the cheque amounts. The copy of cheque along with the returning memos are annexed with the present complaint.  

4) The accused issued the said cheque knowing fully well that the said cheque was not Hon’red. Thus the accused is deemed to have committed an offence under section 138 of the Negotiable Instruments Act, 1881.

5) That the cause of action has arisen within the jurisdiction of this Hon’ble Court and the payment was also actually to be received at………… and hence this Hon’ble Court has jurisdiction to try and adjudicate upon the present complaint. That the complaint is being filed within limitation as prescribed under the law. 

6) The complainant, therefore, prays that the complaint be registered by this Hon’ble Court and action be initiated against the accused persons under sections 138 and 142 of the Negotiable Instruments Act, 1881 and they be punished in accordance with the law for the offence committed by them.
LIST OF WITNESSES
1. Complainant 
2. Manager/Officers/Clerk of the Bankers of the Accused.
3. Manager/Officers/Clerk of the Bankers of the Complainant. 

LIST OF DOCUMENTS

1. Original returned cheque  with  Bank memos debit advices and returning memos.
2. Copy of notice the letter dated………………..with postal receipt UPC and AD cards.

Advocate for Complainant							Complainant