Complaint Against Cheque Dishonour - Legal Draft

COMPLAINT AGAINST CHEQUE DISHONOUR

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT_____________

Cr. Complaint No._______of ________.

__________________

……………Complainant.

Versus

__________________

…………Accused/Respdt.

Complaint Under section 138 and 142 of the Negotiable Instrument Act,

Respectfully Showeth:-

1.                   That the accused  issued one  cheque bearing No.

________ dated________ for a sum of Rs. _________drawn on

______________________ for a   lawful valuable consideration  in discharge

of his  liability in favour of the complainant.

1.                   That the complainant presented the said cheque lastly

on __________ which was returned unpaid by drawee Bank vide returning Memo

dated ________  for the reasons `Insufficient Funds`.  The said cheque was

presented within its validity period and stood dishonoured on presentation.

1.                   That the complainant got a notice issued through his

counsel dated ______ under registered AD cover and UPC   to the accused

demanding the amount of the dishonoured cheques within 15 days of the

receipt thereof which was duly served upon him on(Date) ________. It is

submitted that the Registered cover containing the notice was received back

as unclaimed as the accused has deliberately avoided the service of  the

notice, however the notice sent through UPC stood served upon the accused

on (Date)_______, the copy of notice with postal receipt/ UPC  and envelop

containing notice is filed with the complaint.

1.                   That the accused person has not cared to make the

payment of the amount of dishonoured cheques to the complainant within 15

days as required under the law as demanded in the notice.

1.                   That the cause of action for filing the complaint arose

to the complainant with in the jurisdiction of this learned court when the

accused failed to make the payment of the cheques in dispute to the

complainant with in 15 days of the receipt of notice.

1.                   That the accused is guilty of an offence under section

138 of the Negotiable Instrument Act, 1881 and is liable to be punished

under section 142 of the said Act.

It is, therefore, prayed that the accused person be proceeded against and

punished in accordance with law as envisaged under section 142 of the

Negotiable Instrument Act in accordance with law.

Complainant

Through

Advo

cates

Place: __________

Dated:  _________

List of  Documents attached:-

1.         Original dishonoured cheque No. ______ dated ________

for Rs._______   drawn on _________________

1.        Original returning Memos of the drawee Bank dated ________
2.           copy of Notice dated _________.
3.           Postal   and UPC receipt dated _________ and envelop containing

notice.

List Witnesses:-

Complainant.

Concerned officers of the _____________________ with the records pertaining

to the _____________________ of the accused regardingdishonoured cheque

No._________  for Rs. _______.

AFFIDAVIT

I (Name)_________ s/o Shri ________  aged _______

years, r/o________ do hereby solemnly affirm and declare on oath that the

contents of the accompanied application from para 1 to 6 are true and

correct to my personal knowledge and belief and that nothing false is

stated therein and also nothing material is concealed there from.

I further declare and verify on oath that the

contents of this affidavit are true and correct and nothing material is

concealed there from.Verified at ______________ on this _______ day

of_________.

DEPONENT