Affidavit Under Section 138 Of The Negotiable Instruments Act, 1881 - Legal Draft

Precedent No. 73

AFFIDAVIT: UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

IN THE COURT OF THE METROPOLITAN MAGISTRATE,

Criminal Complaint No of 20

Complainant:

Vs.

Accused:

AFFIDAVIT of , S/o , aged years,

presently and permanently residing in

The deponent abovenamed hereby solemnly affirms and declares as

under:—

1. That the deponent herein is the Complainant in the Criminal

Complaint referred to above. The deponent is well conversant with the

facts and circumstances of the case and stands competent to swear to

this affidavit.

1. That the complainant is a Chartered Accountant employed as a

Senior Manager in Pvt. Ltd.

1. That the accused, a businessman by profession, is acquainted

with the Complainant through a common family friend.

1. That on , the complainant gave a loan of Rs to the

accused for a period of 6 months.

1. That simultaneously, the accused gave a post-dated cheque bearing

No , drawn on the , in favour of the

complainant, towards repayment of the loan amount. The said original

cheque is annexed hereto as Ex. CW1/1.

1. That on , the complainant deposited the aforesaid

cheque in his bank for realisation, but on

, the complainant got an intimation from the said bank

that the cheque had been dishonoured for the reasons "Funds

Insufficient". The original returning memo dated , with regard to

the said cheque, is annexed hereto as Ex. CW1/2.

1. That vide letter dated , the complainant duly called upon

the accused to make the payment of the amount covered by the dishonoured

cheque. The said letter was sent to the accused by registered A.D as

well as U.P.C. A true copy of the said notice is annexed hereto as Ex.

CW1/3. The original booking slip of the Regd. A.D is annexed hereto as

Ex.CW1/4 and the original U.P.C. is annexed hereto as Ex. CW1/5.

1. The said notice was thus, duly served on the accused, who has

not paid the amount covered by the cheque in question till date.

1. In view of the aforesaid facts and circumstances, the accused is

liable to be prosecuted and punished under section 138 of the Negotiable

Instruments Act, 1881, as amended upto date.

1. That the complainant has complied with all the requirements of

section

138 of the Negotiable Instruments Act, 1881, as amended upto date,

namely:

(i) The cheque in question was presented on , i.e., within

the period of its validity;

(ii) The demand for payment of money covered by the said cheque wasmade

to the accused within 30 days validity period, i.e., on

(iii) That the accused failed to make the payment within 15 days of the

receipt of the said notice and the complainant has approached this

Hon'ble Court within the statutory period of one month of the expiry of

the said notice period. 11. That in view of the aforesaid facts and

circumstances, it is just and

necessary that the accused be tried and punished in accordance with

law.

Sd./ Deponent.

Verification

Verified at on this the day of ,

20 , that the contents of the above affidavit are true and correct to

the best

of my knowledge, belief and information and nothing material has been

concealed therefrom.

Sd./ Deponent.

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

personallyknown to me, on this the day of ,20

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law.