Documents (additional) to file Complaint against Company in case of return of cheque u/s Section 138 of Negotiable Instruments Act
How to file Complaint in case of drawee of a returned cheque is a Company? Form No. 32 and Other documents to be filed by the Complainant u/s 138 of Negotiable Instruments Act, 1881
As per the order of the Hon'ble High Court of Delhi against CRL. M.C. 1821/2013 and CRL MC 1822/2013 with a view to ensure that the Metropolitan Magistrates dealing with the Complaint cases filed under section 138 read with Section 141 of the Negotiable Instruments Act have a clear and complete picture of the persons arrayed by the complainant so as to hold them vicariously liable for the commission of offence by the accused company, the Magistrate must seek copies of Form No. 32 from the complainant to prima facie satisfy the Court as to who were the directors of the accused company at the time of commission of the alleged offence and on the date of filing of the complaint case. In addition to the above the Magistrate muse also seek information as given in the following table which is to be annexed by the Complainant on a separate sheet accompanying the complaint.
a. Name of the Accused Company;
b. Particulars of the dishonoured cheque/ cheques;
-Person/ Company in whose favour the cheuqe/cheques were issued
-Drawer of the Cheque/Cheques
-Date of Issuance of Cheque/Cheques
-Name of the drawer bank, its location
-Name of the drawee bank, its location
-Cheque No./ Nos
-Signatory of the Cehque/Cheques
c. Reason due to which the cheque/cheques were dishonoured
d. Name and Designation of the person sought to be vicariously liable for the commission of the offence by the accused company and their exact role as to how and in what manner they were responsible for the commission of the alleged offence.
e. Particulars of the legal notice and status of its services
f. Particulars of reply to the legal notice if any.