Affidavit Under Sections 138 And 141 Of The Negotiable Instruments Act, 1881 - Legal Draft

Precedent No. 76

AFFIDAVIT: UNDER SECTIONS 138 AND 141 OF THE NEGOTIABLE INSTRUMENTS ACT,

1881

IN THE COURT OF METROPOLITAN MAGISTRATE,

In

Criminal Complaint No of 20

Complainant:

Vs.

Accused: P.S.:

AFFIDAVIT

aged years, Proprietor Ltd., having main office at

, do hereby solemnly affirm and declare as under:

1. That the deponent shall hereinafter call himself as

'complainant' and the opposite party as 'accused'.

1. That the deponent is the complainant in the above matter and is

conversant with the facts and circumstances of the case and competent to

swear this affidavit which further states as under.

1. That the complainant is the proprietor of the , having main

office at the above address as stated in the title of the complaint.

1. That the respondent accused person is the proprietor of M/s
2. That during the course of business, the respondents purchased

fancy lights from the complainant vide bill already Ex. CE-1/7.

1. That the accused person issued a cheque bearing No , for a

sum of Rs , drawn on , in discharge of his liability

towards the above bill which is already Ex. CW-1/1.

1. That the said cheque on its presentment has been returned by the

bankerof the accused person dishonored for the reason of 'stop payment'

videthe memo of the banker which is already Ex. CW-1/2 which is dated

11-02-05.

1. That the counsel of the complainant issued a legal notice under

section

138 of the Negotiable Instruments Act, 1881, dated , by

Registered post with AD and UPC and the notice was duly served on the

accused as the AD is received back. No payment is made in compliance

with the said notice by the accused. The said notice is Ex. CW-1/3,

postal receipts are Ex. CW-1/4 and 5 and the returned AD is Ex. CW-1/ 6.

1. It is further stated that the aforesaid notice was mischievously

replied to,

by the accused, through his counsel , which is Ex. CW-1/8,

with its envelop EX. CW-1/9, the contents whereof are vehemently denied

as being false and frivolous and concocted except what has been admitted

therein.

1. That in view of the above, the accused person has committed an

offence

under section 138 of the Negotiable Instruments Act, 1881 for which he

is liable to be fined for the double the amount of the cheque and

imprisonment of 2 years and the complainant is entitled for compensation

to the extent of fine imposed upon the accused persons.

1. That the accompanying complaint is filed in absolute compliance

with the relevant statutory provisions.

1. That the offence as stated above has been committed within the

exclusive territory of The banker of the complainant is also

situated within the jurisdiction of this Hon'ble Court. Therefore, this

Hon'ble Court has the jurisdiction to deal with this matter.

1. That no other complaint whatsoever has been filed by the

complainant so far before any other authority or court of law in respect

of the cheque which is the subject-matter of this complaint and the

deponent reserves his rights to file civil case also as per law.

1. In view of the above, it is prayed in the interest of justice

that this Hon'ble Court may be pleased to try and punish the accused

person with imprisonment of two years and fine of double the amount of

cheque and direct the same to be paid to complainant as compensation as

per law.

This Hon'ble Court may be pleased to mould the relief as per law as may

deem fit and proper in the facts and circumstances of the case and to

meet the ends of justice or may grant any other relief in favour of the

complainant accordingly.

SdJ Deponent.

Verification

Verified at on this the of 20 that the

contents of the above affidavit are true and correct to the best of my

knowledge, belief and information of the deponent and nothing material

has been concealed therefrom.

SdJ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of ,20

SdJ

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law. Prayer may be avoided. Language should be in 'first person'.