Complaint by a Banking Company
In the Court of Additional Chief Metropolitan Magistrate......................Court
At............... ....................
Complaint No.................. 20.......
....................Bank, a Bank constituted
and functioning under the Banking Companies
(Acquisition and Transfer of Undertakings)
Act, 1970 having its Head Office at............
And amongst other branches, a Branch
Office at........................................... Complainant
Vs.
......................., a Company registered under
the Companies Act, 1956, having its Registered
office at............................................... Accused
Re :
Complainant under section 138
read with section 142 of
the Negotiable Instrument Act, 1981
May it Please Your Honour
The Complainant most respectfully, beg to state on solemn affirmation as under :
1. The Complainant is a Bank constituted and functioning under the provisions of Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at............ and amongst other Branches, a Branch Office at.......... The Complainant is carrying on business
inter alia
as Bankers and financers. The Accused in a Private Limited Company, incorporated under the provisions of the Companies Act, 1956, having its Registered Office at..................
2. The Complainant states as per request made and documents submitted by the accused the complainant have sanctioned and granted a term loan of Rs.........to the Accused on .......... repayable in monthly instalments of Rs............, the first instalment to commence from.............
3. As agreed by the accused and to repayment the term loan they issued cheque Cheque bearing No.......... dated........... for Rs.............. drawn on its Bankers,................Bank is favour of the Complainant for part payment. The Complainant states that the aforesaid cheque was duly presented to the Bank of the accused but the same was returned unpaid by the said Bank on......... with the remarks “........................”
vide
their Memo. dated......... The said memo was received by the Complainant on......
4. The Complainant states that since the said cheque was dishonoured and returned unpaid for want of sufficient funds in the account of the accused, the Complainant, on receipt of the unpaid cheque by their Advocate’s notice dated............... under Section 138 of the Negotiable Instruments Act, 1881, called upon the accused to make payment of Rs...............being the amount of the said bounced cheque within 15 days from the date of receipt of the notice by him.
5. The Complainant states that in spite of the said notice being received by the accused on.......... The accused has neither paid Rs........... nor any part thereof. The accused did not even care to reply to the said notice.
6. The complaint is filed in time, since the statutory period of 15 days for payment expires on.............and this complaint is filed within a month from the expiry of the said statutory period.
7. It is, therefore, prayed that the present complaint be registered by the Hon’ble Court and action be initiated against the accused under section 138 and section 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 them.
Advocate for the complainant
Complainants
LIST OF WITNESSES
1. The Complainant
2. Concerned officers and staff members of the two Banks i.e. complainant and accused.
LIST OF DOCUMENTS
1. Promisory Note and relevant documents for Term Loan of Rs........
3. Original returned cheques dated.............. alongwith returning memo.
4. Copy of Advocate Notice dated.............alongwith Postal Acknowledgements.