Format of Affidavit for and on behalf of the Complainant by way of evidence
in case of Criminal Complaint Under section 138 of Negotiable Instruments Act.
In some courts at the time of filing criminal complaint under section 138 of
Negotiable Instruments Act (read with section 141 in case of Companies) against
return of cheque, an affidavit regarding evidence needs to be filed by the
complainant (Not in all courts). Format of complaint s given here under.
Draft Format of
Evidence by way of affidavit for and on
behalf of the Complainant (Not necessary in
IN THE COURT OF _____________________________
COMPLAINT NO. ___________ OF 20__
IN THE MATTER OF:
EVIDENCE BY WAY OF AFFIDAVIT
FOR AND ON BEHALF OF THE COMPLAINANT
Affidavit of Mr. __________________ aged
____years, the resident of
I, the above named deponent, on solemn oath do
hereby state, declare and affirm as under:
That I am the Complainant and am competent to
file the present Complaint before this Hon'ble
That I say the Complainant had extended credit
facility of Rs.___________ /- to the Accused.
The said credit facility was repayable as per
the cheques issued by the Accused.
I say that the Accused had issued Cheque
No. ___________dated _____________for Rs.
________________, drawn on ______________ in my
favour towards discharge of his above said
liability. The above cheque was drawn on cheques
drawn ______________________ is exhibited as EX
I say that the above cheques, on
presentation, was dishonoured by the bank of the
Accused vide returning memo dated
____________stating the reason to be "Funds
Insufficient". The said Returning Memo is
exhibited as EX- CW1/B.
I say that on account of the dishonor of
the said cheques, the complainant had served a
legal notice dated _____________upon the accused
person. A Copy of the notice is exhibited as EX
CW1/C. The Postal Receipt exhibited as EX-CW1/D.
I say that consequent to the non payment of
the cheques amount so demanded by the
complainant within the statutory period, the
Complainant has filed the present complaint,
which is well within limitation. The limitation
document is exhibited as EX CW1/E.
I say that the complainant not filed any
complaint in any other court which is pending in
respect of the transaction involved in the
I say that in view of the facts the accused
be summoned and tried as per law.
I say that I close my pre-summoning
Verified at New Delhi on this
_____day of ______2013, that the contents of the
above affidavit are true and correct to the best of
my knowledge and belief based on the records
maintained by the Institute in normal course of
business. No part of it is false and nothing
material has been concealed therefrom.
Affidavit in Maintenance & Divorce cases as per direction of
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Section 138 of Negotiable Instruments Act
Legal notice under Section 138 format download against return of
cheque, to be served to the drawer before filing Criminal Complaint
u/s 138 of of Negotiable Instruments Act against return of cheque
Criminal Complaint u/s 138 of of Negotiable Instruments Act against
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Documents needs to be Annexed with Criminal Complaint u/s 138 of of
Negotiable Instruments Act against return of cheque? List of
documents to be attached with Complaint in case of companies.
Format of Affidavit for and on behalf of the Complainant by way of
evidence in case of Criminal Complaint Under section 138 of
Negotiable Instruments Act
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