Complaint Format Under Section 138 NI Act
COMPLAINT FORMAT UNDER SECTION 138 NI ACT
BEFORE THE METROPOLITAN MAGISTRATE, XXXXX
MR. A ……………COMPLAINANT
VS
MR. B ………….ACCUSED
COMPLAINT UNDER SECTION 138 & 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881, AS AMENDED TILL DATE.
MOST HUMBLY SHWOETH:
- That the complainant runs a leading music and singing classes in name and style of M/s Mr. A’s Singing Classes.
- That the accused had approached the complainant for imparting training in music and singing to your friend Mr. C. The accused had represented that Mr. C has a very good voice but is not a trained singer. The Accused has requested the complainant to train him in classical as well as modern singing.
- That the accused had agreed to pay Rs. 1,00,000/- for those classes. In advance the Accused had paid only Rs. 10,000/-. The Accused has promised to pay Rs 90,000/- after completion of training of Mr. C. A contract has been duly executed between Complainant and the accused. The copy of the contract is attached herewith and marked as Annexure A.
- That after completion of training of Mr. C , the Accused issued a cheque bearing No. xxxxxxxx dated xxxxxxx drawn on xxxxxxxx for a sum of 90,000/-.
- That the Complainant presented the aforesaid cheque for collection and same was returned unpaid by your banker with the remarks “Funds Insufficient” vide its cheque returning memo dated xxxxxxx.
- That on dishonour of the “said cheque”, the complainant within the statutory period of 30 days of the receipt of the notice of the dishonour of the same and as per the requirement of Section 138(B) of the Negotiable Instrument Act, 1881, sent (vide Registered A.D. Post) through its Advocate a demand notice dated:xxxxxxxxx to the accused informing about the dishonouring of the “said Cheque” and requiring to pay the amount covered against the “said cheque” within 15 days of the receipt of the notice. It is also pertinent to mention herein that the accused had intentionally and deliberately avoided and failed to make the payment to the Complainant Company, against the “said cheque”, till date, despite service of the above mentioned legal notice on him/her. Copy of legal notice along with tracking report is attached herewith and marked as Annexure B.
- That the accused has committed an offence punishable under Section 138 of the Negotiable Instrument Act and the cause of action has arisen in favor of the complainant and against the accused on the failure of the accused to make payment against the “said cheque” as demanded in the above referred demand notice. It is pertinent to mention to this Hon’ble Court that till date, the accused has not made any payment or part thereof to the complainant against the “said cheque despite service of the said legal demand notice on him/her.
- That the present complaint is being filed within the period of limitation as prescribed by law.
- That the complainant bank is situated at xxxxxxxxxxxxxxxxxxx as such this Hon’ble Court has jurisdiction to try the present complaint.
PRAYER
It is therefore, most humbly and respectfully prayed that this Hon’ble Court may be graciously pleased to :-
- Summon, prosecute and punish the accused in accordance with law as provided by Section 138 of the Negotiable Instruments Act ;
- Pass necessary order under section 357 of the Code of Criminal procedure, 1973, that the amount of the “said cheque” along with the interest accrued thereon and the expenses incurred by the complainant be paid to the complainant from the amount which will be imposed as fine by this Hon’ble Court on the accused and
- Pass any other relief which this Hon’ble Court deems fit and proper under the facts and circumstances of the present complaint in favour of the complainant and against the accused.
COMPLAINANT
Note:
The complaint should be accompanied by an affidavit.
