AFFIDAVIT OF EVIDENCE IN SUPPORT OF THE COMPLAINT
4.Affidavit of non-filing
5.List of documents along with documents
6.Vakalatnama
Complainant's name
DelhiComplainant
DatedThrough
(Advocate's name & Associates)
Advocates
Office – Advocate's office address
Mob - Advocate's mobile number
MAIL - Advocate's email address
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, DELHI
---
COMPLAINT CASE NO. Complaint case number OF Year of complaint case
In Re:
Complainant's nameComplainant
VERSUS
Accused's nameRespondent/Accused
MEMO OF PARTIES
Complainant's name
S/o Complainant's father's name
Office at: Complainant's office addressComplainant
VERSUS
Accused's name
S/o Accused's father's name
Office at: Accused's office address
Also at:
1.R/o – Accused's residence address 1
2.R/o – Accused's residence address 2
DelhiRespondent/Accused
DatedThrough
(Advocate's name & Associates)
Advocates
Office – Advocate's office address
Mob - Advocate's mobile number
MAIL - Advocate's email address
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, DELHI
---
COMPLAINT CASE NO. Complaint case number OF Year of complaint case
In Re:
Complainant's name
S/o Complainant's father's name
Office at: Complainant's office addressComplainant
VERSUS
Accused's name
S/o Accused's father's name
Office at: Accused's office address
Also at:
1.R/o – Accused's residence address 1
2. R/o – Accused's residence address 2Accused/Respondent
P.S. – Police station
COMPLAINT UNDER SECTIONS 138, 141, 142 AND 117 OF THE NEGOTIABLE INSTRUMENTS ACT
MOST RESPECTFULLY SHOWETH:
1.That the complainant is a law-abiding citizen of India and a practising advocate at Delhi, with an office at Complainant's office address.
2.That the complainant is a practising advocate, and the accused engaged the complainant in connection with various matters, namely, for filing, pursuing and appearing in anticipatory bail petitions on behalf of the accused in a case under Section 420 IPC before Court of the anticipatory bail case, the Hon'ble District Judge at Rohini Courts, Delhi, as well as in an arbitration case and a consumer case before Forum for arbitration and consumer cases, Delhi. The complainant also visited the accused on several occasions at Accused's place in Delhi, Delhi, for providing legal consultancy as and when sought by the accused.
3.That the accused agreed to pay the aforesaid professional fee and expenses to the complainant in respect of the said various matters. As a result of the efforts of the complainant, the accused was granted conditional anticipatory bail in the above-mentioned case.
4.That, out of the said total agreed professional fee and other expenses, the accused made an advance payment of Rs. Advance payment amount (₹)/- through a cheque, which was duly encashed. Thereafter, the accused issued a cheque bearing No. Cheque number dated Date of cheque for Rs. Amount of cheque (₹)/- drawn on Bank of Drawee bank name, Drawee bank branch, Delhi, in favour of the complainant, towards discharge of the accused's legal liability to make further part payment of the said due and outstanding professional fee and expenses. The accused issued the said cheque from account No. Accused's bank account number, being the sole proprietor of Accused's firm name.
5.That the accused further assured the complainant that the said cheque was good for payment and would be honoured upon presentation, and the complainant accepted the said cheque in good faith, belief and trust in the accused. The accused also promised to pay the remaining fee and expenses to the complainant, in respect of which the complainant reserves the right to institute recovery proceedings against the accused in future.
6.That, as per the instructions and assurances of the accused, the complainant presented the said cheque for encashment through his Complainant's bank, but the said cheque was returned dishonoured by the accused's banker with the remarks "FUNDS INSUFFICIENT" vide cheque return memo dated Date of latest cheque return memo, and the complainant was informed of the same by his banker. Previously also, the said cheque was returned dishonoured vide cheque return memo dated Date of first cheque return memo, and, at the request of the accused and upon his promise, the complainant presented the said cheque again, but it was once again returned dishonoured vide cheque return memo dated Date of second cheque return memo.
7.That the complainant duly informed the accused of the aforesaid facts regarding the dishonour of the said cheque issued by the accused in favour of the complainant, and made a demand for payment of the said cheque amount; however, the accused failed to make payment of the said cheque amount to the complainant.
8.That the complainant duly informed the respondent/accused of the aforesaid facts regarding the dishonour of the said cheque issued by the respondent/accused in favour of the complainant, and made a demand for payment of the said cheque amount; however, the respondent/accused failed to make payment of the said cheque amount to the complainant.
9.That, upon receipt of the dishonoured cheque, the complainant got issued a notice of demand dated Date of demand notice to the respondent/accused through Advocate who issued demand notice, Advocate. The notice was sent to the accused by Speed Post as well as through courier dated Date of dispatch of notice, and the notice was duly delivered, and the delivery report of the Speed Post is annexed herewith.
10.That the accused has committed an offence punishable under Section 138 read with Section 117(c) of the Negotiable Instruments Act, as amended up to date, and the respondent is liable to be proceeded against in accordance with law. The deponent further reserves his right to initiate recovery proceedings before the competent civil court.
11.That, from the aforesaid acts and conduct of the accused, it is evident that the accused issued the said cheque with dishonest and fraudulent intentions, and the accused has intentionally and deliberately issued the said cheque to the complainant knowing that it may not be honoured in favour of the complainant, as the accused failed to maintain sufficient funds in his bank account. The accused has, therefore, committed an offence punishable under Section 138 read with Section 117(c) of the Negotiable Instruments Act, as amended up to date.
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to summon and try the accused above-named for having committed the offence under Section 138 of the Negotiable Instruments Act, and punish him in accordance with law, and to grant compensation to the complainant in the interest of justice.
Complainant
Through
(Advocate's name & Associates)
Advocates
Office – Advocate's office address
Mob - Advocate's mobile number
MAIL - Advocate's email address
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, DELHI
---
COMPLAINT CASE NO. Complaint case number OF Year of complaint case
In Re:
Complainant's name
S/o Complainant's father's name
Office at: Complainant's office address
…Complainant
VERSUS
Accused's name
S/o Accused's father's name
Office at: Accused's office address
Also at:
1.R/o – Accused's residence address 1
2. R/o – Accused's residence address 2…Accused/Respondent
LIST OF WITNESSES
1.The complainant.
2.The clerk/manager/authorised person of Bank of Drawee bank name.
3.The clerk/manager/authorised person of Courier company name.
4.The clerk/post master of the post office.
5.Any other witness as may be permitted by this Hon'ble Court.
Complainant
Dated – Date of list of witnesses
DelhiThrough
(Advocate's name & Associates)
Advocates
Office – Advocate's office address
Mob - Advocate's mobile number
MAIL - Advocate's email address
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, DELHI
---
COMPLAINT CASE NO. Complaint case number OF Year of complaint case
MEMO OF PARTIES
In Re:
Complainant's nameComplainant
S/o Complainant's father's name
Office at: Complainant's office address
Versus
Accused's name
S/o Accused's father's name
R/o Accused's residence address
Also at:
1.R/o Accused's residence address 1
2. R/o Accused's residence address 2Accused/Respondent
AFFIDAVIT IN EVIDENCE
Affidavit of Deponent's name, S/o Deponent's father's name, office at: Deponent's office address. I, the above-named deponent, do hereby solemnly affirm and declare as under:
1.That the Deponent/Complainant is a law-abiding citizen of India and a practising advocate having his office at Complainant's office address.
2.That the Deponent/Complainant is a practising advocate, and the Respondent/Accused engaged the Deponent/Complainant for various matters, namely, for filing, pursuing and appearing in anticipatory bail applications on behalf of the Respondent/Accused in a case under Section 420 IPC before Court of the anticipatory bail case, Hon'ble District Judge at Location of the bail court, Delhi, as well as in an arbitration case and a consumer case before Forum for arbitration and consumer cases. The Deponent/Complainant also visited the Respondent/Accused on several occasions at First location visited for consultancy and Second location visited for consultancy for legal consultancy and to render advice as sought by the Accused from time to time.
3.That the Respondent/Accused agreed to pay the aforesaid professional fee and expenses to the Deponent/Complainant for the said various matters. As a result of the efforts of the Deponent/Complainant, the Respondent/Accused was granted conditional anticipatory bail in the above-mentioned case.
4.That out of the said total agreed professional fee and other expenses, the Respondent/Accused made an advance payment of Rs. Advance payment amount (₹)/- through a cheque, which was duly encashed. Thereafter, the Respondent/Accused issued a cheque bearing No. Cheque number dated Day of cheque date.Month of cheque date.Year of cheque date for Rs. Amount of cheque (₹)/- drawn on Bank of Drawee bank name, Drawee bank branch, Delhi, in favour of the Deponent/Complainant, towards discharge of the Respondent/Accused's legal liability to pay the further part payment of the said due and outstanding professional fee and expenses. The Respondent/Accused issued the said cheque from his account no. Accused's bank account number, being the sole proprietor of Accused's firm name, as the proprietor of the said firm. The said cheque is Ex. Exhibit number of cheque.
5.That the Respondent/Accused further assured the Deponent/Complainant that the said cheque was good for payment and would be encashed upon its presentation to his bankers. The Deponent/Complainant accepted the said cheque in good faith, belief and trust upon the Respondent/Accused. The Respondent/Accused further promised to pay the remaining fee and expenses to the Deponent/Complainant, and the Deponent/Complainant reserves the right to file a recovery case against the Respondent/Accused in future in respect thereof.
6.That, in accordance with the instructions and assurance of the Respondent/Accused, the Deponent/Complainant presented the said cheque for encashment through his bankers, Complainant's bank and branch, but the said cheque was returned dishonoured by the Respondent/Accused's bankers with the remarks "FUNDS INSUFFICIENT" vide cheque return memo dated Day of latest cheque return memo date.Month of latest cheque return memo date.Year of latest cheque return memo date, and the Deponent/Complainant was informed thereof by his bankers. Previously, the said cheque had been returned dishonoured vide cheque return memo dated Date of first cheque return memo.Year of first cheque return memo date, and upon the request and promise of the Respondent/Accused, the Deponent/Complainant presented the said cheque again, but it was once again returned dishonoured vide cheque return memo dated Date of second cheque return memo.Year of second cheque return memo date. The cheque return memo dated Day of cheque return memo date.Year of cheque return memo date is Ex. X, and the cheque return memo dated Day of cheque return memo date.Year of cheque return memo date is Ex. CW-Exhibit number of cheque return memo.
7.That the Deponent/Complainant duly informed the Respondent/Accused of the aforesaid facts regarding the dishonour of the said cheque issued by the Respondent/Accused in favour of the Deponent/Complainant, and demanded payment of the said cheque amount, but the Respondent/Accused failed to make payment of the said cheque amount to the Deponent/Complainant.
8.That upon receipt of the dishonoured cheque, the Deponent/Complainant caused a notice of demand dated Date of demand notice.Year of demand notice date to be issued to the Respondent/Accused through Advocate who issued demand notice, Advocate. The notice was sent to the Accused by Speed Post and Courier on Date of dispatch of notice.Year of dispatch of notice, and the notice was duly delivered. The legal notice dated Date of demand notice.Year of demand notice date is Ex. X; the Speed Post receipts dated Day of speed post receipt date.Month of speed post receipt date.Year of speed post receipt date are Ex. CW-Exhibit number (start) of speed post receipts to Ex. CW-Exhibit number (end) of speed post receipts; the Courier receipts are Ex. CW-Exhibit number (start) of courier receipts to Ex. CW-Exhibit number (end) of courier receipts; and the internet receipts of the delivery reports for the Speed Post are Ex. CW-Exhibit number (start) of delivery report receipts to Ex. CW-Exhibit number (end) of delivery report receipts.
9.That the Accused has thereby committed an offence punishable under Section 138 read with Section 117(c) of the Negotiable Instruments Act, as amended up to date, and hence the present complaint, which is Ex. CW-Exhibit number of complaint, has been filed.
10.That the Respondent is liable to be proceeded against in accordance with law, and the Deponent reserves his right to initiate recovery proceedings before the competent Civil Court.
Deponent
Verification:
Verified at Delhi on this Day of verification day of Month of verification, Year of verification, that the contents of paragraphs 1 to 10 of the above affidavit are true and correct to the best of my knowledge and belief, and nothing has been concealed therefrom.
Deponent
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, DELHI
COMPLAINT CASE NO. Complaint case number OF Year of complaint case
In Re:
Complainant's nameComplainant
Versus
Accused's nameRespondent/Accused
AFFIDAVIT OF NON-FILING
Affidavit of Deponent's name, S/o Deponent's father's name, office at Deponent's office address. I, the above-named deponent, do hereby solemnly affirm and declare as under:
1.That I am the Complainant in the present case, I am well conversant with the facts of the case, and I am competent to swear this affidavit.
2.That I hereby state that no other complaint under Section 138 of the Negotiable Instruments Act has been filed by the Complainant against the Accused in respect of the cheque bearing No. Cheque number dated Date of cheque.Year of cheque date for Rs. Amount of cheque (₹)/- drawn on Bank of Drawee bank name, Drawee bank branch, nor is any other criminal case relating to the said cheque pending or filed before any other court of law.
3.That the contents of the above statement are true and correct.
Deponent
Verification:
Verified at Delhi on this Day of verification day of Month of verification, Year of verification, that the contents of the above affidavit are true and correct, and nothing has been concealed therefrom.
Deponent
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, DELHI
COMPLAINT CASE NO. Complaint case number OF Year of complaint case
In Re:
Complainant's nameComplainant
Versus
Accused's nameAccused/Respondent
LIST OF DOCUMENTS
Sl. No.Particulars
| 1. | Description of document 1 |
| 2. | Description of document 2 |
| 3. | Description of document 3 |
| 4. | Description of document 4 |
| 5. | Description of document 5 |
| 6. | Description of document 6 |
| 7. | Description of document 7 |
| 8. | Description of document 8 |
Complainant's signature
Complainant
Dated: Day of date on list of documents.0X.Year of date on list of documentsThrough
Delhi:
(Advocate's name & Associates)
Advocates
Office – Advocate's office address
Mob – Advocate's mobile number
Mail – Advocate's email address