Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
IN THE COURT OF JUDICIAL MAGISTRATE AT ______
Cr. Complaint No. _______of ________.
……………Complainant.
Versus
…………Accused/Respdt.
Complaint Under section 138 and 142 of the Negotiable
Instrument Act, 1881.
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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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
Advocate
Place: _________
Dated: _________
List of Documents attached:-
1. Original dishonoured cheque No. ____ dated ____ for Rs.____ drawn on _______
2. Original returning Memos of the drawee Bank dated ________
3. copy of Notice dated ________.
4. Postal and UPC receipt dated _________ and envelop containing notice.
List Witnesses:-
1. Complainant.
2. Concerned officers of the ___________ with the records pertaining to the
________ of the accused regarding dishonoured 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.
