Format of Criminal Complaint u/s 138 of Negotiable Instruments Act against
return of cheque. Download in Microsoft word format
Draft format for filing criminal complaint under
section 138 of Negotiable Instruments Act is given
below to get idea to prepare the complaint.
Draft Format of Criminal Complaint against return
IN THE COURT OF _____________________________
COMPLAINT NO ___________ OF____
IN THE MATTER OF:
Mr. _______________ ACCUSED
COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881 (AS AMENDED UPTO DATE) FOR THE
SUM OF RS. ______________ (RUPEES ________________
MOST RESPECTFULLY SHOWETH:
That the Complainant is working as
_________________________ and is residing at
That the present complaint is being field by the
complainant Mr.___________________ to cause
appearance in this Hon'ble Court and to depose
and conduct the proceedings.
That on _______________ the accused namely Mr.
______________ had approached the complainant
personally and asked for a friendly loan of Rs.
That on __________ complainant paid Rs.
___________ (Rupees _____________ as friendly
loan repayable on demand.
That towards payment of amount of loan the
accused issued Cheque No. ______________ Dated
____________for Rs. ___________to the
complainant. That in order to discharge their
above said liability and in accordance with the
agreed terms and conditions, the accused had
issued Cheque No. _____________ Dated
___________for Rs. ___________/- drawn on
___________________. The said cheque was issued
from Account No. ____________________which is
held in the name of the accused. That the
present complaint is based on the dishonor of
the above said cheque which was issued in
discharge of a lawful debt.
That at the time of handing over the above said
cheque the accused had assured the complainant
that the said cheque will be honored/encashed on
presentation. Taking the above
assurance/representation as true, the
complainant had accepted the above said cheque.
That on the basis of the assurances given by the
accused, the complainant presented the above
said cheque with its bankers namely
___________________________________ and was
dishonored vide cheque return advice dated _____
issued by the complainants bank. The aforesaid
cheque was returned unpaid vide returning memo
dated ____________with the remarks "FUNDS
That the dishonor of the cheque clearly shows
and establishes that the accused did not intend
to honor the amount under the said cheque.
That on account of the dishonor of the said
cheque, the complainant had served a legal
notice dated ____________upon the Accused by way
of Registered Post vide Receipt No.
_________________ dated ___________However,
despite service of notice, the accused has not
taken any steps to liquidate his liability and
has failed to make balance payments to the
complainant towards the amount covered under the
said cheque, within the statutory period of 15
days or thereafter. Thus, the Accused has,
therefore committed an offence within the
meaning of Section 138 and other sections of the
amended provisions of the Negotiable Instruments
Act, 1881, for which he is liable to be
prosecuted and punished.
accused have failed to make payment against the
said cheque which has been done by them
malafidely, intentionally and deliberately and
knowingly. That at the time of issuing the said
cheques the accused were fully aware that the
said cheques will not be honored on
presentation. Therefore, the accused has
dishonestly induced the complainant to advance a
sum of _________________ /- (Rupees
__________________ Only) fully knowing that he
cannot repay the said amount to the complainant.
That the accused is guilty offence under
Section 138, Negotiable Instruments Act and is
also liable to be prosecuted under Section 420
of the Indian Penal Code.
That in view of the facts and circumstances, the
complainant has a cause of action and right to
file the present complaint. The cause of actions
has arisen in favour of the complainant when, on
the expiry of the notice period, the Accused has
not come forward to pay the amount relating to
the dishonored cheques. The cause of action is
still subsisting and continuing in nature.
That the cause of action has arisen at
__________ as the cheques was issued at
_________, and the same was payable at
__________ and was also dishonored at _________.
Therefore this Hon'ble Court has jurisdiction to
try and adjudicate upon the present complaint.
That the complaint is well within limitation
period prescribed under the Act:
i. Date of
ii. Date of Notice ______
iii. Date of filing Complaint _______
That a list of documents and list of witnesses
are annexed with this complaint.
It is, therefore, most respectfully prayed that
this Hon'ble Court may be pleased to:
Summon, prosecute and punish the Accused and
also direct the accused to pay the amount as
double to the amount covered under the said
dishonored cheques, under the provisions of
Section 138 read with Section 142 of the
Negotiable Instruments Act,1881 as amended by
the Negotiable Instrument laws (Amended and
Miscellaneous Provisions) Act, 2002. In
accordance with Section 357 of Code of Criminal
Procedure 1974, out of the penalty imposed, the
Accused be ordered to compensate the Complainant
to the extent of Rs._______ /- (Rupees
______________ Only) and
Such other and further orders may be passed as
may be deemed fit and proper by this Hon'ble
It is prayed accordingly.
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