IN THE COURT OF JUDICIAL MAGISTRATE 1st CLASS
KKD COURTS, NEW DELHI
Complaint No. ___ Of 2019
IN THE MATTER OF:-
Mr.__________
S/O_______
R/O_________ COMPLAINANT
VERSUS
Mr. _______
D/O_________
R/O__________ ACCUSED
P.S.:____________
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.
7. 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".
8. That the dishonor of the cheque clearly shows and establishes that the accused did not
intend to honor the amount under the said cheque.
9. 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.
10. 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.
11. That the accused is guilty of offence under Section 138, Negotiable Instruments Act and
is also liable to be prosecuted under Section 420 of the Indian Penal Code.
12. 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.
13. 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.
14. 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 ___________
15. 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:
The accused be tried for committing an offence punishable under Section 138 of Negotiable
Instrument Act and be sentenced in accordance with law, in the interest of justice.
The complainant be compensated from the amount of fine levied from the accused, in the interest
of justice.
Complainant
PLACE: New Delhi
DATED: __/__/2019 Through Advocates
IN THE COURT OF JUDICIAL MAGISTRATE 1st CLASS
KKD COURTS, NEW DELHI
Complaint No. ___ Of 2019
IN THE MATTER OF:-
Mr.__________
S/O_______
R/O_________ COMPLAINANT
VERSUS
Mr. _______
D/O_________
R/O__________ ACCUSED
P.S.:____________
AFFIDAVIT
I, Mr. ________, s/o Sh. _________, aged about __ Years, r/o ____, Employed in _____ as
_______, do hereby solemnly affirm and declare on oath as under-
1. I, ____, the complainant above-named, do hereby state on solemn affirmation that the
contents of this complaint in paras 1 to 15 are true and correct to the best of my personal
knowledge and I am competent to swear this affidavit.
2. That the accompanying complaint has been drafted under my instructions and its contents
are true and correct to the best of my personal knowledge.
DEPONENT
VERIFICATION:
This is verified at New Delhi on ____ day of July, 2019, that the contents of the above affidavit
are true and correct to best of my knowledge and nothing is false nor any material facts has been
concealed there from.
DEPONENT
