138 Complaint Case

IN THE COURT OF __________
COMPLAINT NO ___________ OF____
IN THE MATTER OF:
Mr._____________
COMPLAINANT
VERSUS
Mr. _______________
ACCUSED
POLICE STATION:____________
COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENTS ACT, 1881 (AS AMENDED UPTO DATE) FOR THE
SUM OF RS. ______________ (RUPEES ________________
ONLY)
MOST RESPECTFULLY SHOWETH:
1. That the Complainant is working as

_________________________ and is residing at
______________________________________
2. That the present complaint is being field by the complainant
Mr.___________________ to cause appearance in this Hon'ble
Court and to depose and conduct the proceedings.
3. That on _______________ the accused namely Mr.
______________ had approached the complainant personally
and asked for a friendly loan of Rs. ________________.
4. That on __________ complainant paid Rs. ___________
(Rupees _____________ as friendly loan repayable on demand.
5. That towards payment of amount of loan the accused issued
Cheque No. ______________ Dated ____________for Rs.
___________to the complainant. That in order to discharge their
above said liability and in accordance with the agreed terms and
conditions, the accused had issued Cheque No. _____________
Dated ___________for Rs. ___________/- drawn on
___________________. The said cheque was issued from
Account No. ____________________which is held in the name
of the accused. That the present complaint is based on the
dishonor of the above said cheque which was issued in discharge
of a lawful debt.
6. That at the time of handing over the above said cheque the
accused had assured the complainant that the said cheque will be
honored/encashed on presentation. Taking the above
assurance/representation as true, the complainant had accepted
the above said cheque.
That on the basis of the assurances given by the accused, the
complainant presented the above said cheque with its bankers
namely ___________________________________ and was
dishonored vide cheque return advice dated _____ issued by the
complainants bank. The aforesaid cheque was returned unpaid
vide returning memo dated ____________with the remarks
"FUNDS INSUFFICIENT".
7. That the dishonor of the cheque clearly shows and establishes
that the accused did not intend to honor the amount under the
said cheque.
8. That on account of the dishonor of the said cheque, the
complainant had served a legal notice dated ____________upon
the Accused by way of Registered Post vide Receipt No.
_________________ dated ___________However, despite
service of notice, the accused has not taken any steps to
liquidate his liability and has failed to make balance payments to
the complainant towards the amount covered under the said
cheque, within the statutory period of 15 days or thereafter.
Thus, the Accused has, therefore committed an offence within
the meaning of Section 138 and other sections of the amended
provisions of the Negotiable Instruments Act, 1881, for which he
is liable to be prosecuted and punished.
That the accused have failed to make payment against the said
cheque which has been done by them malafidely, intentionally
and deliberately and knowingly. That at the time of issuing the
said cheques the accused were fully aware that the said cheques
will not be honored on presentation. Therefore, the accused has
dishonestly induced the complainant to advance a sum of
_________________ /- (Rupees __________________ Only)
fully knowing that he cannot repay the said amount to the
complainant.
9. That the accused is guilty offence under Section 138, Negotiable
Instruments Act and is also liable to be prosecuted under Section
420 of the Indian Penal Code.
10. That in view of the facts and circumstances, the
complainant has a cause of action and right to file the present
complaint. The cause of actions has arisen in favour of the
complainant when, on the expiry of the notice period, the
Accused has not come forward to pay the amount relating to the
dishonored cheques. The cause of action is still subsisting and
continuing in nature.
11. That the cause of action has arisen at __________ as the
cheques was issued at _________, and the same was payable at
__________ and was also dishonored at _________. Therefore
this Hon'ble Court has jurisdiction to try and adjudicate upon the
present complaint.
12. That the complaint is well within limitation period prescribed
under the Act:
i. Date of Dishonor ______
ii. Date of Notice ______
iii. Date of filing Complaint _______
13. That a list of documents and list of witnesses are annexed
with this complaint.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may
be pleased to:
a. Summon, prosecute and punish the Accused and also direct the
accused to pay the amount as double to the amount covered
under the said dishonored cheques, under the provisions of
Section 138 read with Section 142 of the Negotiable Instruments
Act,1881 as amended by the Negotiable Instrument laws
(Amended and Miscellaneous Provisions) Act, 2002. In
accordance with Section 357 of Code of Criminal Procedure 1974,
out of the penalty imposed, the Accused be ordered to
compensate the Complainant to the extent of Rs._______ /-
(Rupees ______________ Only) and
b. Such other and further orders may be passed as may be deemed
fit and proper by this Hon'ble Court.
It is prayed accordingly.

PLACE:

DATED:
COMPLAINANT
THROUGH :
ADVOCATES

138 Complaint Case

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138 Complaint Case

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IN THE COURT OF __________

COMPLAINT NO _______ OF

IN THE MATTER OF:

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

MOST RESPECTFULLY SHOWETH:

1. That the Complainant is working as

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