COMPLAINT AGAINST CHEQUE
IN THE COURT OF CHIEF JUDICIAL
Criminal Complaint No._______of 2006
Complaint Under section 138 and 142 of the Negotiable
Instrument Act, 1881.
- That the accused issued one cheque bearing No. _______ dated________
for a sum of Rs. _________drawn on ___________ for a lawful valuable
consideration in discharge of his liability in favour of the
- That the complainant presented the said cheque lastly on __________
which was returned unpaid by drawee Bank vide returning Memo dated
________ for the reasons `Insufficient Funds`. The said cheque was
presented within its validity period and stood dishonoured on
- That the complainant got a notice issued through his counsel dated
______ under registered AD cover and UPC to the accused demanding the
amount of the dishonoured cheques within 15 days of the receipt
thereof which was duly served upon him on(Date) ________. It is
submitted that the Registered cover containing the notice was received
back as unclaimed as the accused has deliberately avoided the service
of the notice, however the notice sent through UPC stood served upon
the accused on (Date)_______, the copy of notice with postal receipt/
UPC and envelop containing notice is filed with the complaint.
- That the accused person has not cared to make the payment of the
amount of dishonoured cheques to the complainant within 15 days as
required under the law as demanded in the notice.
- That the cause of action for filing the complaint arose to the
complainant with in the jurisdiction of this learned court when the
accused failed to make the payment of the cheques in dispute to the
complainant with in 15 days of the receipt of notice.
- That the accused is guilty of an offence under section 138 of the
Negotiable Instrument Act, 1881 and is liable to be punished under
section 142 of the said Act.
It is, therefore, prayed that the accused person be proceeded against
and punished in accordance with law as envisaged under section 142 of the
Negotiable Instrument Act in accordance with law.
List of Documents attached:-
1. Original dishonoured cheque No. ______ dated ________ for Rs._______
drawn on __________
2. Original returning Memos of the drawee Bank dated ________
- copy of Notice dated ________.
- Postal and UPC receipt dated _________ and envelop containing
- Concerned officers of the ___________ with the records pertaining to
the ________ of the accused regarding dishonoured cheque No._________
for Rs. _______.
I (Name)________ s/o Shri ________ aged _______ years, r/o________ do
hereby solemnly affirm and declare on oath that the contents of the
accompanied application from para 1 to 6 are true and correct to my
personal knowledge and belief and that nothing false is stated therein and
also nothing material is concealed there from.
I further declare and verify on oath that the contents of this
affidavit are true and correct and nothing material is concealed there
from. Verified at _______ on this _______ day of_________.