Gazala Parveen ( ) 23 September 2011

Procedure to file a complaint against s138 of negotiable act

Hi All,

I have only recently started practicing... need the advise of seniors -

I have sent a notice for cheque bounce on behalf of my client (both located in Mumbai), and if I do not receive a response from the other party within 15 days, plan to file a complaint against the defaulter-

Pls advise -

1) Which court of law, should I file the complaint ? My client resides in Kurla, Mumbai

2) Please post the proforma/format required to file the complaint

3) Any other advise - if relevant, would be highly appreciated

Kindly advise,

Thank you in advance

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8 Replies

G.G.Shaikh Advocate M:9898038990 (lawyer) 23 September 2011

Hi Gazala

You have sent a notice for cheque bounce and if you do not receive any response from the other party within 15 days, You can file complain within on mOnth after complitaion of 15 days in court who have judiction of your client's residing address e.g. Kurla, Mumbai

I donot have any performa in Marathi so i can't post the proforma/format required to file the complaint

At any time you can Touch with me on this plateform for advise

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rajeev sharma (Advocate Ex senior manager law ) 23 September 2011

dear gazala,

As per sec142 the complaint is to be filed in the court of Metropoliton Megistrate having terrotorial jurisdiction over the matter. I right now cannot send you a format but Iam giving u broad guidelines

a:- the complaint must give full details of the complainant.

b:-that the relation between the complainant and the accused be explained and the incident of occuring the liability of debt in satisfaction whereof the cheque was given shouls be fully explained.

c:- it should be clearly mentioned that the cheqe was given i satisfaction of a financial abligation and that financial obligation is still unsatiafied.

d:-the fact of giving notice u/s138 be mentioned and also that the accused failed to pay the dues despite noticeshould be mentioned.

e:- the cause of action arises when the complainant recived notice of bouncing of cheque and then when the accused failed to make payment despite notice

f:-the clause regarding territorial jurisdiction of the court be mentioned.

g:- aprayer for punishing the accused as per the provisions of 138 of N.I. Act be made

you should also give the list of witnesses and the document on which you want to rely.

AS per provision of sec145 of the ACT evidences may be filed along with an affidevit

I do hope this will suffice your purpose

Dinesh Kumar (Civil & Criminal) 24 September 2011

Dear Gazala Parveen,

As per your requirement it is very simple that you have to file a complaint case in your client's address jurisdiction within 30 days of expired of date of the sent legal notice to Metropolitian Magistrate under NI Act.

1. Index

2. Drafting of Complaint Case.

2. List of documents.

3. Original bounced Cheque

4. Receipt memo from Bank.

6. List of Witness.

If need any further clarification, pls contact.

Thanks

Dinesh Kumar

Advocate

Delhi