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Complaint under section 138 of NI Act.

(Querist) 29 August 2010 This query is : Resolved 
Resp. Members,
Would you please guide me from where I can get model form of complaint under section 138 of NI Act. Regards.
Devajyoti Barman (Expert) 29 August 2010
Any standard book on drafting could help you. You can also take help of any of your colleagues. Basically it like any complaint under section 200 of crpc. Only the details about the dishonour of the cheque is to give with other related facts.
Adv ramesh chheda (Expert) 30 August 2010
in any criminal complaint dont make use of model form of complaint. if at all u needed ask any peon of the court to give u copy of any complaint filed . on making payment of some amount , he will provide u . or u can ask any typist sitting in court to type complaint for you. but it is advisable that to save some money towards lawyers fees, dnt do this as in turn can result in losing u r case which may be very much on merit. in any case, there are always many legal loopholes and of which other side always take advantage of .
adv. rajeev ( rajoo ) (Expert) 30 August 2010
Deepak,
Don't Mind. Dont try to copy the complaint from any book because once you started depending on the books you will never learn drafting So first you draft the complaint and show it to your senior or your frnd who is already expert in drafting to make a correction. Once you did like this you will learn the drafting, which will never forgotten life long.
nitish neilesh sanga (Expert) 30 August 2010
here by attaching a copy of application
DEFENSE ADVOCATE.-firmaction@g (Expert) 31 August 2010
Yes Mr Cheda, copies are copies they can be original.

Every word in the pleading is important.

And it is easy to win any NI 138 case in favor of accused since in over confidence that only bounced cheque is sufficient for conviction advocates make mistakes in drafting the complaint.


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