138 NI Act Complaint’s Format is hereby given below.
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE DISTRICT __________
CRIMINAL COMPLAINT NO. ________ OF 2017
X ________________ S/o _____________ … COMPLAINANT
VERSUS
Y _________________ S/o ________________ … ACCUSED
JURISDICTION : P. S. _____________
COMPLAINT UNDER SECTION 138 OF THE
NEGOTIABLE INSTRUMENTS ACT, 1881
THE COMPLAINANT ABOVE NAMED MOST RESPECTFULLY SHOWETH :-
1. That the Complainant is the owner and landlord of flat bearing No. _______.
2. That the accused is a tenant under the Complainant in respect of flat bearing No. _______ comprising of two bed-rooms, drawing-cum-dining room, study room, kitchen-room, two bathrooms-cum-toilets and a terrace at a monthly rent of Rs. _____ for residential purposes w.e.f. __________. True copy of the Lease-deed dated __________ is annexed hereto as Annexure A.
3. That on _______ the accused handed over cheque bearing Nos. ________ dated ________for Rs. _____ drawn on _________ Bank, ________ to the complainant towards rent of the said premises for the months of ___________________,20XX the said original cheque is annexed hereto as Annexure B.
4. That the Complainant deposited the said cheque in his account with the ______ Bank ______ on ______ but the same was dishonoured on presentation with the remarks ‘REFER TO DRAWER’. The original returning memos dated ________ in respect of the said cheque is annexed hereto as Annexure C.
5. That vide letter dated ___________ 20XX, the Complainant called upon the accused to make the payment of the amount covered by the dishonoured cheque. The said letter was sent to the accused by Regd. A.D. as well as U.P.C. However, the accused failed to make the payment of the Amount in question to the Complainant.
6.That the cheque in question were returned unpaid because the amount standing to the credit in the Accused’s account was insufficient to honour the cheque in question and as such the Accused is liable to be prosecuted and punished under Section 138 of the Negotiable Instruments Act, 1881 as amended upto date.
7. That the Complainant has complied with all the requirements of Section 138 of the Negotiable Instruments Act, 1881 as amended upto date namely the cheque in question were presented on ______ i.e. within the period of its validity, the demand for payment was made to the Accused on __________ 20XX i.e. within fifteen days of the date or receipt of information regarding the dishonouring of the cheque. True copy of the said demand dated _________ 20XX is annexed hereto as Annexure D. The postal receipt and the U.P.C. thereof are annexed hereto as Annexure-E collectively. The accused failed to make the payment within fifteen days of the said notice and as such the Complainant has approached this Hon’ble court within one month of the date of the cause of action. The Complaint is therefore within time.
8. That the Hon’ble Court has jurisdiction to entertain and try the present complaint because the offence is committed within the jurisdiction of this Hon’ble Court. The dishonoured cheque was drawn on ______Bank, _____ the same was deposited by the Complainant in _____Bank_______ and the intimation regarding the dishonour of the said cheque was also given by the said banks, and as such the offence has been committed within the jurisdiction of this Hon’ble Court. It is, therefore most respectfully prayed that his Hon’ble Court may be pleased to summon the accused under Section 138 of the Negotiable Instruments Act, 1881 as amended upto date and the Accused be tried and punished in accordance with law for the aforesaid offence committed by him.
Place
COMPLAINANT
THROUGH
DATE: ADVOCATE