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Discussion > Criminal Law > Cheques > Format of complaint in section 138 cheque dishonour case   Unanswered Threads Post New Topic

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Guest


n/a
[ Scorecard : 12788]
Posted On 05 March 2009 at 22:00 Report Abuse

 Can any member give me the format of a criminal complaint in cheque dishonour case?



Prakash Yedhula


Lawyer
[ Scorecard : 23423]
Posted On 05 March 2009 at 22:06 Report Abuse

 IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE                  TIS HAZARI COURTS, DELHI


Complaint Case No.............. of 20…


In the matter of:


……………………………………...


Through its Director.................                                           …….Complainant


 


VERSUS


1. M/s ( company).......................................


2. Managing Director...................................


3. Finance Director.......................................


4.Director..........................................                                            …….Accused


 


POLICE STATION: _____________


Complaint under section 190 of the Criminal procedure code, 1973 for taking cognizance of the offense committed under sections 138, 141 of the Negotiable Instruments Act, 1881.


Most respectfully submitted


1. The complainant is a company incorporated under the provisions of the Companies Act, 1956 having its registered office at ..... and the complainant is having its branch office in Delhi at the above address. The Complainant Company disengaged in the business of purchase and sale of ...... The present complaint is filed through Mr........... who is competent to file this complaint on behalf of the Company.


2. The accused No.1 is a company incorporated under the provisions of the companies Act. 1956 having its registered office in Delhi at above address . The accused No.1 company is engaged in business of purchase & sale of .....


3. The accused NO 2 is the Managing Director, the accused No. 3 is the Finance Director and the accused No.3 is the Director of the accused no.1 company and wholly responsible for the conduct of the accused company. The affairs of the accused No. 1 company are managed by accused no.2 to 4 and as such they are in control of the affairs of the accused No. 1 company & liable of all the facts and deeds committed by the accused No.1 company.


4. The accused No.2 placed an order with the Complainant company on dated... or the supply of ... The complainant company supplied the above machines on Dated......and the accused No.1 had taken delivery of the machines on dated .........vide delivery challan No. dated..... The complainant company had raised an Invoice No...............dated................for Rs............ (Rs...........) on the accused No.1 company.


5. That the accused No.1 company through the hands of accused No. 3 issued a cheque drawn on........ bearing No. ......... dated......for Rs. In discharge of the above liability.


6. That the complainant company presented the above said cheque for collection through its bankers.............. & to its dismay found that the cheque was returned unpaid on dated............ for want of sufficient funds in the A/c of the accused.


7. That the complainant had immediately sent a legal notice on dated........to the accused company demanding therein the payment of Rs......... within 15 days of the receipt of the notice. The above notice of demand was received by the accused on dated.........


8. That the accused had failed to make payment of Rs......with in 15 days from the date of receipt of statutory notice.


9. That the issuance of cheque by the accused without having sufficient funds in the bank is an act which has been done deliberately, mischievously & malafidely with an intention to cheat the complainant company. The accused was aware of the fact that on presentation the cheque would never be honored because of insufficiency of funds in their A/c.


10. The complainant submit that it had presented the cheque within the time limit prescribed by the Negotiable Instruments Act 1881 and the dishonored cheque was issued by the accused by the accused without maintaining sufficient funds in the account further the accused have failed to make the payment of the sum covered under the dishonored cheque within 15 days from the date of receipt of the notice of demands. Therefore, all the accused have committed the offense under section 138 of the Negotiable Instruments Act, 1881.


11. That the complainant company had sent a registered legal notice to the accused No.1 company within the time limit prescribed by the Negotiable Instruments Act, 1881 and the accused had not made the payment within 15 days of the receipt of the notice thereof. The above said cheque was cheque was issued in Delhi and returned unpaid from the complainant's Bank in Delhi, hence this Hon'ble court has jurisdiction to take cognizance of the offense.


PRAYER


It is, therefore most humbly prayed that this Hon'ble court may be pleased to take the complaint on record and punish the accused according to law and in the interest of justice.


New Delhi


Dated.............


Complainant                                                     Counsel for the Complainant


 


LIST OF DOCUMENTS FILED


1. Cheque No.... Dated.......for.......Rs.........drawn on bank.........(In original)


2. Copy of the legal notice dated.........sent to the accused.


3. Postal proof of dispatch of the above legal notice(In original)


4. Postal Acknowledgment cards received back from the accused ( In original)


LIST OF WITNESSES


1.


2.




Attached File (downloaded 3290 times) :

Total thanks : 1 times

Shree.


Advocate.
[ Scorecard : 5312]
Posted On 06 March 2009 at 18:38 Report Abuse

Another Format:


IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT_____________  

 

Criminal  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 dishonored 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 dishonored 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

                                    Through

                                                                        Advocates

Place: __________

Dated: _________

 

List of Documents attached:-

 

1.        Original dishonored 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.

 




Attached File (downloaded 1454 times) :

Total thanks : 1 times

RAKHI BUDHIRAJA


LAWYER AT BUDHIRAJA & ASSOCIATES, SUPREME COURT OF INDIA
[ Scorecard : 10735]
Posted On 09 March 2009 at 16:34 Report Abuse

thanx for providing such valueable judgement.


mast9327@gmail.com


mast9327@gmail.com
[ Scorecard : 36]
Posted On 12 June 2011 at 00:15 Report Abuse

Hello Sir,

I want to complain about some notorious cirminals and butlegars ( or wine Vendors) . 

Please let me know the format .

You are also requested to tell me to whome i have to send this complain.

Thanks in Advance


Member (Account Deleted)


Engineer
[ Scorecard : 53]
Posted On 27 December 2011 at 20:23 Report Abuse

how many days it take to solve bounce cheque case??????


Shonee Kapoor


Intern - Advocacy
[ Scorecard : 42284]
Posted On 27 December 2011 at 22:38 Report Abuse

Your guess is as good as mine.

 

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

aarjun vhajage


Director
[ Scorecard : 55]
Posted On 04 May 2014 at 11:41 Report Abuse

I filed a complaint of my client under 138 NIA. Chief and cross is over of complainant. Now I came to know that, original receipt and acknowledgement of demand notice, which was signed my accused, is lost/misplaced  from the documents. It was original copies. Which was not exhibited. But at the time of filing the case, in list of documents, it is mentioned in the list. And in the examination in chief and in evidence affidavit I requested to court to exhibit it. But court didnt exhibited it that time. Now on this stage, I made the application to recover the concerned receipts by the staff who handling the documents if misplaced somewhere. The documents were in the custody of court. But court ordered that, receipts are important and to make it avail by complainant. Except this receipts I cant prove limitations. I know, when opposite party came to know that receipts are not exhibited and question of limitation will be arise. They disappeared it. What can i do know? Is the any citation or any procedure to read it in evidence if it is disappeared from the documents?    



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