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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



Learning

 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

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 September 2011

Dear Gazala Parveen

please find the attachment of the complint u/s 138 NI Act

with this complaint you are required

1. Index

2.Memo of parties

3. complaint

4. affidavit

5. Evidence by way of affidavit

6. List of witness

7. List of Documents

8. annexures

9. Vakalatnama

 

 

 

 

Chetan Pardakhe (Advocate & Corporate Consultant)     24 September 2011

First of All before filing the complaint u have to prepare it

As per U R Problem

that 15 days period is alredy over and therefore  U should have to file complaint within next 30 days from

the completion of 15 days period.

 jurisdictioN

Where the transaction takes place

COURT FEE

Rs. 200/- for every 10,000/-

If  U really want draft then contact me on

c.pardakhe_1@yahoo.com

Regards

G.G.Shaikh Advocate M:9898038990 (lawyer)     25 September 2011

 i am not agree with chetan about Court Fee because Court fee is difrent in every state according to stemp act .

samuel singh (self)     21 October 2011

i am agreed to all persons

Kundan Kr. Singh (Advocate)     31 October 2011

Dear learned brother

Don, t worry. Take the name of God and Start.In legal profession every day you will be new.

expert  opinions are right. If you have any hesitation for draftting go to the concern court and take out  any  Section 138 complainnat copy.Unofficialy

Practice makes a men perfect.


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