Complaint on behalf of the Registered Partnership Firm

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

M/s XYZ
Having registered office at………………………
………………………………………………….					Complainant

Vs.

Shri K B 
Prop. Of  : M/s……………………
		……………………							Accused
		
Complaint under section 138 
read with section 142 of the 
Negotiable Instruments Act, 1881

Sir,

The complainant most respectfully submits as under :

1. That the complainant is a Registered Partnership firm carrying on its business at………….. and the complainant is being instituted and filed by Shri……………….. who is one of the registered partners of the complainant firm and is competent to institute the present complaint and to conduct the proceedings thereof before this Hon’ble Court.

2. That the accused has been purchasing goods from the complainant and the payment in respect of the goods purchased by him has also been made from time to time. The complainant  has been maintaining a current and running account relating to the transactions had with the accused and the payments made by the accused in respect of the goods supplied to him were credited to the account of the accused with the complainant.

3. That in reduction of his debts and liability, the accused had given Cheque No………….. dated…………..for Rs……………… to drawn on…………… in favour of the complainant. The said cheque when presented for encashment on …………… but the said cheque returned unpaid by the bankers of the accused with the remarks “……………………” and the said cheque was thus returned back to the complainant by its bankers. The complainant received bank memo dated……… on ………. 

4. That the complainant then sent a legal notice dated……………… through their advocate to the accused under section 138 of the Negotiable Instruments Act, 1881 bringing to his knowledge about the dishonour of the cheque on account of the reasons “…………………..” as given by his bankers and requested the accused to make the payment within a period of 15 days from the date of receipt of the said notice, and the said notice was duly received by the accused on……………. However, despite the service of the said notice, the accused did not make the payment of the dishonoured cheques to the complainant. The accused, who mala fidely, knowingly, deliberately and intentionally issued the said cheque fully well that the  same would be dishonoured. That by the aforesaid acts, the accused has become liable to be prosecuted under the provisions of the Negotiable Instruments Act, 1881.

5. That the cause-of-action for purposes of filing the present complaint, besides other dates, has arisen on………………… when the complainant received the information with regard to the dishonour of the cheque and further on…………….. when the complainant sent a notice under clause (b) of the proviso to section 138 of the Act to the accused and on………… when the  accused received the said notice. The cause-of-action further arose on………….. when the accused failed to make the payment, who has been served of the notice within the stipulated time.

6. That the cheque was issued and dishonoured within the jurisdiction of this Hon’ble court and as the cause-of-action to file the present complaint has arisen within the jurisdiction of this Hon’ble Court, this Hon’ble Court can take cognizance of the offence as committed by the accused.

7. It is, therefore, respectfully prayed that the present complaint be registered by this Hon’ble Court and action be initiated against the accused under Section 138 and 142 of the Negotiable Instruments Act, 1881 and the accused be summoned and tried and be punished in accordance with law for the offence committed by him.

Advocate for Complainant.
Complainant