Complaint under Section 138 read with Section 142 NI Act for dishonour of three cheques
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
0 of 235 blanks filled
IN THE COURT OF THE LEARNED CHIEF METROPOLITAN MAGISTRATE
TIS HAZARI COURTS, DELHI
CT. CASE NO. Complaint case number../2022
IN THE MATTER OF:
Complainant's name…Complainant
Versus
Accused's name…Accused (S)
INDEX
| S. NO. | PARTICULARS | PAGE NO. |
|---|---|---|
| 1. | Memo of Parties |
| 2. | Complaint under Section 138 NI Act |
| 3. | Pre-summoning Evidence by way of an Affidavit |
| 4. | List of Witnesses |
| 5. | Affidavit of Non-Filing |
| 6. | List of Documents |
| 7. | Vakalatnama |
COMPLAINANT
Through
Date:
New DelhiCOUNSEL
ADDRESS:
IN THE COURT OF THE LEARNED CHIEF METROPOLITAN MAGISTRATE
TIS HAZARI COURT, CENTRAL DISTRICT, DELHI
CT. CASE NO. Complaint case number../Year of case number
IN THE MATTER OF:
M/s Complainant firm's name…Complainant
Versus
Accused's name…Accused (S)
MEMO OF PARTIES
Complainant firm's name
Mr. Complainant's name…Complainant
Versus
1.M/s Accused firm's name
Through
Office At:
East Delhi-
Mob-
2.Mr. Accused proprietor's name
Office At:
Mob-…Accused (S)
Complainant
New DelhiThrough
DateCounsel
Address
Mob.
Email-
IN THE COURT OF THE LEARNED CHIEF METROPOLITAN MAGISTRATE
TIS HAZARI COURT, CENTRAL DISTRICT, DELHI
CT. CASE NO. Complaint case number../Complaint case number year
IN THE MATTER OF:
M/s Complainant firm's name
Through
Authorised representative's name…Complainant
Versus
M/s Accused firm's name…Accused (S)
COMPLAINT UNDER SECTION 138 READ WITH SECTION 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881
MOST RESPECTFULLY SHOWETH:-
1.That the Complainant is carrying on business under the name and style "M/s Complainant firm's name" at the address mentioned in the Memo of Parties, and is engaged in the business of dealing in all kinds of fabrics. Copies of the identity proof and the General Power of Attorney executed in favour of the authorised representative of the Complainant are annexed herewith as ANNEXURE-C1 (Colly).
2.That Accused No. 1 is a trader carrying on business under the name and style "Accused firm's name", and Accused No. 2 is the Proprietor of Accused No. 1.
3.That the Accused(s) approached the Complainant for the purchase of fabric materials, and against valid and confirmed orders, the Complainant supplied fabrics to the Accused(s). The details of the invoices raised against the said orders are as follows:
YEAR : Starting year of invoices-Ending year of invoices
| DATE | INVOICE NO. | DESCRIPTION OF GOODS | AMOUNT (IN RS.) |
|---|---|---|---|
| First invoice date | First invoice number | First invoice goods description | First invoice amount (₹) |
| Second invoice date | Second invoice number | Second invoice goods description | Second invoice amount (₹) |
| Third invoice date | Third invoice number | Third invoice goods description | Third invoice amount (₹) |
| Fourth invoice date | Fourth invoice number | Fourth invoice goods description | Fourth invoice amount (₹) |
| TOTAL AMOUNT | Total invoice amount (₹) |
Copies of the invoices so raised are annexed herewith as ANNEXURE-C2 (Colly).
4.That the Complainant supplied the goods and raised invoices for the work performed and payment due, and the Accused(s) acknowledged receipt of the invoices so raised by the Complainant.
5.That initially the Accused(s) made payments on a regular basis and thereby gained the confidence of the Complainant, but subsequently the Accused(s) commenced avoiding payment of the invoices raised against the orders placed and the goods supplied to them. That a total amount of Total outstanding amount (₹) remains outstanding, and the Accused(s) have failed to credit the said payment to the Complainant in respect of the invoices mentioned above.
6.That when the Complainant made requests to the Accused(s) through telephone calls and by sending personal messengers to their office for release of the total outstanding payment, the Accused(s) handed over to the Complainant, for encashment as part payment of the total recoverable amount, cheques bearing No. "First cheque number" dated First cheque date, No. "Second cheque number" dated Second cheque date of the amount of Second cheque amount (₹), and No. "Third cheque number" dated Third cheque date of the amount of Rs. Third cheque amount (₹). The original copies of the three cheques are annexed herewith as ANNEXURE-C3 (Colly).
7.That when the Complainant presented all three cheques in his bank, Complainant's bank name, Branch-Complainant's bank branch, Delhi, to his utter surprise the said cheques were dishonoured, and the Complainant received the cheques with return memos dated 0X.First return memo month.First return memo year, 0X.Second return memo month.Second return memo year and Third return memo date.Third return memo month.Third return memo year respectively, mentioning the reason for dishonour as "FUNDS INSUFFICIENT". Copies of the cheque return memos are annexed herewith as ANNEXURE-C4 (Colly).
8.That the Complainant apprised the Accused(s) of the fate of the said cheques and requested them to make payment, but despite several reminders to the Accused for making payment against the dishonoured cheques, namely cheque bearing No. "First cheque number" dated First cheque date of the amount of Rs. First cheque amount (₹), cheque bearing No. "Second cheque number" dated 0X.X.Second cheque year of the amount of Rs. X,00,000/- (Second cheque amount in lakhs lakhs only), and cheque bearing No. "Third cheque number" dated Third cheque month.X.Third cheque year of the amount of Rs. X,00,000/- (Third cheque amount in lakhs lakhs only), the Accused paid no heed and avoided making payment notwithstanding the said reminders.
9.That thereafter the Complainant, through his Advocate, sent a legal notice of demand dated Legal notice date (day).Legal notice date (month).Legal notice date (year) to the known address of the Accused(s) through speed post and by WhatsApp message from the mobile number Advocate's mobile number (being the mobile number of Advocate Advocate's name) to the mobile number Accused's mobile number of the Accused(s), for making payment in respect of cheque No. "First cheque number" dated First cheque date of the amount of Rs. X,00,000/- (Rs. First cheque amount in lakhs lakhs only), cheque bearing No. "Second cheque number" dated Second cheque date (day).Second cheque date (month).Second cheque date (year) of the amount of Rs. X,00,000/- (Rs. Second cheque amount in lakhs lakhs only), and cheque bearing No. "Third cheque number" dated Third cheque date (day).Third cheque date (month).Third cheque date (year) of the amount of Rs. X,00,000/- (Rs. Third cheque amount in lakhs lakhs only). The notice was sent to the known address, and as per the tracking report it was shown as "INSUFFICIENT ADDRESS"; the returned envelopes are annexed, and the endorsement on the envelopes reads "NO SUCH AT ADDRESS". The copy of the legal notice dated Legal notice date (day).Legal notice date (month).Legal notice date (year) is annexed as ANNEXURE-C5, together with the original copy of the postal receipt of the speed post dated Speed post receipt date (day).Speed post receipt date (month).Speed post receipt date (year), and the WhatsApp screenshots, tracking reports and returned envelopes are annexed as ANNEXURE-C6 (Colly).
10.That the Complainant had also earlier filed another complaint case against the Accused in respect of two other cheques of Rs. X,00,000/- each, and the Accused sent a reply dated Accused's reply date (day).Accused's reply date (month).Accused's reply date (year) through his Counsel, Accused's counsel firm name Associates, Advocates & Consultants; the said reply and its envelope are annexed herewith as ANNEXURE-C7 (Colly). The said other complaint case is pending before Ms. Magistrate's name, Ld. M.M., Tis Hazari Courts, Delhi.
11.That the Accused neither replied to the legal notice dated Legal notice date (day).Legal notice date (month).Legal notice date (year) sent to him by the counsel for the Complainant, nor returned the legally recoverable amount of the above-said cheques to the Complainant.
12.That, from the aforesaid act and conduct of the accused, it is clear that the accused issued the said cheque(s) with a dishonest and fraudulent intention. The accused intentionally and deliberately issued the said cheque(s) to the complainant despite knowing full well that the said cheque(s) were not likely to be honoured in favour of the complainant. The accused has thereby also committed serious criminal offences of cheating, fraud, criminal breach of trust and other offences punishable under Sections 406, 419 and 420 of the Indian Penal Code. The complainant therefore reserves his right to institute criminal proceedings against all the accused before the court of competent jurisdiction.
13.That the accused is thus legally liable to pay the legally recoverable amount of the three cheques in question, namely cheque bearing No. "First cheque number" dated First cheque date (day).First cheque date (month).First cheque date (year) for Rs. X,00,000/- (Rs. First cheque amount in lakhs lakhs only); cheque bearing No. "Second cheque number" dated Second cheque date (day).Second cheque date (month).Second cheque date (year) for Rs. X,00,000/- (Rs. Second cheque amount in lakhs lakhs only); and cheque bearing No. "Third cheque number" dated Third cheque date (day).Third cheque date (month).Third cheque date (year) for Rs. X,00,000/- (Rs. Third cheque amount in lakhs lakhs only). The accused is further legally liable to be prosecuted by way of criminal proceedings under Sections 138, 139, 140, 141 and 142 of the NI Act, since the accused has failed to pay the legally recoverable amount of the complainant without any just and sufficient reason.
14.That the said intentional and wilful breach of contract by the accused is mala fide and actuated by guilty motive, and also amounts to criminal breach of trust, cheating and fraud upon the complainant, as well as wrongful withholding and enjoyment of the due and outstanding amount payable to the complainant, which constitutes serious criminal offences. The complainant also reserves its right to initiate appropriate civil and criminal proceedings against the accused.
15.That the bank account of the complainant, where the said cheques in question were dishonoured, falls within the territorial jurisdiction of this Hon'ble Court; hence this Hon'ble Court has jurisdiction to entertain the present complaint case and to take cognizance of the offence.
16.That the complainant has approached this Hon'ble Court since this Hon'ble Court has the proper territorial jurisdiction to entertain the present complaint.
PRAYER
It is, therefore, most respectfully and humbly prayed before this Hon'ble Court that, in the light of the facts and circumstances of the present case mentioned above, this Hon'ble Court may graciously be pleased to:-
1.Summon, try and punish the accused for the offence committed under Section 138 read with Sections 141 and 142 of the NI Act, in the interest of justice.
2.Award compensation in favour of the complainant as provided under Section 117 of the NI Act, in the interest of justice.
3.Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the light of the facts and circumstances of the present case mentioned above, in favour of the complainant and against the accused, in the interest of justice.
Complainant
DelhiThrough
DateCounsel Counsel's name
IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE
TIS HAZARI COURTS, DELHI
CT. CASE NO. Complaint case number../2022
IN THE MATTER OF:
Complainant's name…Complainant
Versus
Accused's name…Accused(s)
AFFIDAVIT
Affidavit of Deponent's name, on behalf of the complainant, office at Deponent's office address. The deponent do hereby solemnly affirm and declare as under:-
1.That the deponent is the Power of Attorney holder of the complainant in the above-mentioned case, is filing the present complaint, and is well conversant with the facts and circumstances of the present case; hence, he is competent to sign this affidavit.
2.That the contents of the accompanying complaint have been drafted by counsel under the instructions of the GPA holder, and all the legal averments therein are true and correct to my belief, which is based on the legal advice rendered and believed to be correct.
3.That I have gone through and understood the contents of the complaint, and I state that the facts stated therein are true and correct to my knowledge. DEPONENT
VERIFICATION
Verified at New Delhi on this Verification date (day) day of Verification date (month), Verification year, that the contents of the above affidavit are true and correct to my knowledge; no part of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE
TIS HAZARI COURTS, CENTRAL DISTRICT, DELHI
CT. CASE NO. Complaint case number../Year of case number
IN THE MATTER OF:
Complainant's name…Complainant
Versus
Accused's name…Accused(s)
PRE-SUMMONING EVIDENCE OF THE DEPONENT BY WAY OF AFFIDAVIT
Affidavit of Deponent's name, GPA holder, on behalf of the complainant, office at Deponent's office address. I, the above-named deponent, do hereby solemnly affirm and declare as under:-
1.I state that the deponent is the Power of Attorney holder of the complainant in the present matter, is well conversant with the facts and circumstances of the present complaint case, and is competent to depose this affidavit on oath. The copy of the Aadhaar Card of the deponent is exhibited as Ex-CW-1/1.
2.I state that the complainant is carrying on its business under the name and style "M/s Complainant firm's name" at the address mentioned in the memo of parties, and the complainant is engaged in the business of dealing in all kinds of fabrics. The photocopy of the General Power of Attorney in favour of the deponent is exhibited as Ex-CW-1/2.
3.I state that accused no. 1 is a trader carrying on business under the name and style "M/s Accused firm's name", and accused no. 2 is the proprietor of accused no. 1.
4.I state that the accused approached the complainant for purchasing fabric materials, and against valid and confirmed orders, the complainant supplied fabrics to the accused. The details of the invoices raised against the said orders are as follows:-
YEAR: Starting year of invoices–Ending year of invoices
| DATE | INVOICE NO. | DESCRIPTION OF GOODS | AMOUNT (IN RS.) |
|---|---|---|---|
| First invoice date (day).First invoice date (month).First invoice date (year) | First invoice number | First invoice goods description | Rs. First invoice amount (₹)/- |
| Second invoice date (day).Second invoice date (month).Second invoice date (year) | Second invoice number | Second invoice goods description | Rs. Second invoice amount (₹)/- |
| Third invoice date (day).Third invoice date (month).Third invoice date (year) | Third invoice number | Third invoice goods description | Rs. Third invoice amount (₹)/- |
| Fourth invoice date (day).Fourth invoice date (month).Fourth invoice date (year) | Fourth invoice number | Fourth invoice goods description | Rs. Fourth invoice amount (₹)/- |
| Fifth invoice date (day).Fifth invoice date (month).Fifth invoice date (year) | Fifth invoice number | Fifth invoice goods description | Rs. Fifth invoice amount (₹)/- |
| Sixth invoice date (day).Sixth invoice date (month).Sixth invoice date (year) | Sixth invoice number | Sixth invoice goods description | Rs. Sixth invoice amount (₹)/- |
| Seventh invoice date (day).Seventh invoice date (month).Seventh invoice date (year) | Seventh invoice number | Seventh invoice goods description | Rs. Seventh invoice amount (₹)/- |
| Eighth invoice date (day).Eighth invoice date (month).Eighth invoice date (year) | Eighth invoice number | Eighth invoice goods description | Rs. Eighth invoice amount (₹)/- |
| Ninth invoice date (day).Ninth invoice date (month).Ninth invoice date (year) | Ninth invoice number | Ninth invoice goods description | Rs. Ninth invoice amount (₹)/- |
| Tenth invoice date (day).Tenth invoice date (month).Tenth invoice date (year) | Tenth invoice number | Tenth invoice goods description | Rs. Tenth invoice amount (₹)/- |
| Eleventh invoice date (day).Eleventh invoice date (month).Eleventh invoice date (year) | Eleventh invoice number | Eleventh invoice goods description | Rs. Eleventh invoice amount (₹)/- |
| Twelfth invoice date (day).Twelfth invoice date (month).Twelfth invoice date (year) | Twelfth invoice number | Twelfth invoice goods description | Rs. Twelfth invoice amount (₹)/- |
| Thirteenth invoice date (day).Thirteenth invoice date (month).Thirteenth invoice date (year) | Thirteenth invoice number | Thirteenth invoice goods description | Rs. Thirteenth invoice amount (₹)/- |
| Fourteenth invoice date (day).Fourteenth invoice date (month).Fourteenth invoice date (year) | Fourteenth invoice number | Fourteenth invoice goods description | Rs. Fourteenth invoice amount (₹)/- |
| Fifteenth invoice date (day).Fifteenth invoice date (month).Fifteenth invoice date (year) | Fifteenth invoice number | Fifteenth invoice goods description | Rs. Fifteenth invoice amount (₹)/- |
| Sixteenth invoice date (day).Sixteenth invoice date (month).Sixteenth invoice date (year) | Sixteenth invoice number | Sixteenth invoice goods description | Rs. Sixteenth invoice amount (₹)/- |
| Seventeenth invoice date (day).Seventeenth invoice date (month).Seventeenth invoice date (year) | Seventeenth invoice number | Seventeenth invoice goods description | Rs. Seventeenth invoice amount (₹)/- |
| Eighteenth invoice date (day).Eighteenth invoice date (month).Eighteenth invoice date (year) | Eighteenth invoice number | Eighteenth invoice goods description | Rs. Eighteenth invoice amount (₹)/- |
| Nineteenth invoice date (day).Nineteenth invoice date (month).Nineteenth invoice date (year) | Nineteenth invoice number | Nineteenth invoice goods description | Rs. Nineteenth invoice amount (₹)/- |
| Twentieth invoice date (day).Twentieth invoice date (month).Twentieth invoice date (year) | Twentieth invoice number | Twentieth invoice goods description | Rs. Twentieth invoice amount (₹)/- |
| Twenty-first invoice date (day).Twenty-first invoice date (month).Twenty-first invoice date (year) | Twenty-first invoice number | Twenty-first invoice goods description | Rs. Twenty-first invoice amount (₹)/- |
| Twenty-second invoice date (day).Twenty-second invoice date (month).Twenty-second invoice date (year) | Twenty-second invoice number | Twenty-second invoice goods description | Rs. Twenty-second invoice amount (₹)/- |
| Twenty-third invoice date (day).Twenty-third invoice date (month).Twenty-third invoice date (year) | Twenty-third invoice number | Twenty-third invoice goods description | Rs. Twenty-third invoice amount (₹)/- |
| Twenty-fourth invoice date (day).Twenty-fourth invoice date (month).Twenty-fourth invoice date (year) | Twenty-fourth invoice number | Twenty-fourth invoice goods description | Rs. Twenty-fourth invoice amount (₹)/- |
| Twenty-fifth invoice date (day).Twenty-fifth invoice date (month).Twenty-fifth invoice date (year) | Twenty-fifth invoice number | Twenty-fifth invoice goods description | Rs. Twenty-fifth invoice amount (₹)/- |
| Twenty-sixth invoice date (day).Twenty-sixth invoice date (month).Twenty-sixth invoice date (year) | Twenty-sixth invoice number | Details | Rs. Details/- |
| Details.Details.Details | Details | Details | Rs. Details/- |
| Details.Details.Details | Details | Details | Rs. Details/- |
| Details.Details.Details | Details | Details | Rs. Details/- |
| Details.Details.Details | Details | Details | Rs. Details/- |
| Details.Details.Details | Details | Details | Rs. Details/- |
| Details.Details.Details | Details | Details | Rs. Details/- |
| Details.Details.Details | Details | Details | Rs. Details/- |
| TOTAL AMOUNT | Rs. Details/- |
Copies of the raised invoices are exhibited herewith as Ex-CW-1/3 (Colly).
5.I say that the complainant supplied goods and raised invoices for the work performed, and the accused acknowledged receipt of the invoices so raised by the complainant.
6.I say that initially the accused made payments on a regular basis and thereby gained the confidence of the complainant; however, thereafter the accused started avoiding payment of the invoices raised against the orders placed and the goods supplied to them. I further say that the total outstanding amount is Rs.Details,Details,Details/- (Rs. Details lakhs Details thousands Details hundred Details rupees only), and the accused have failed to credit the payment to the complainant in respect of the invoices mentioned above.
7.I say that when the complainant requested the accused, through telephonic calls and through personal messengers sent to their office, to release the total outstanding payment, the accused handed over to the complainant the three cheques in question, i.e. cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only); cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only); and cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only), towards part payment of the total recoverable amount. A copy of the said cheques is exhibited herewith as Ex-CW-1/4 (Colly).
8.I say that when the complainant presented the said cheques in his bank, namely Complainant's bank and branch, to his utter surprise the said cheques were dishonoured, and the complainant received the cheques along with cheque return memos dated Details.Details.Details, Details.Details.Details and Details.Details.Details respectively, mentioning the reason for dishonour as "FUND INSUFFICIENT". Copies of the said return memos are exhibited herewith as Ex-CW-1/5 (Colly).
9.I say that the complainant apprised the accused of the fate of the said cheques and requested them to make the payment, and further issued several reminders to the accused for making payment against the three dishonoured cheques in question, i.e. cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only); cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only); and cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only); however, the accused paid no heed and avoided making the payment in spite of the several reminders.
10.I say that thereafter the complainant, through his advocate, sent a legal notice of demand dated Details.Details.Details to the known address of the accused through speed post, and also through WhatsApp message from the mobile number Details (the mobile number of Advocate Details), to the mobile numbers Details, demanding payment of the cheques bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only); No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only); and No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only). The notice was sent to the known address of the accused, and as per the tracking report, the status was shown as "INSUFFICIENT ADDRESS"; the returned envelopes are attached, and the endorsement available on the envelopes reads "NO SUCH ON ADDRESS". A copy of the legal notice dated Details.Details.Details is annexed hereto as ANNEXURE-C5, along with the original postal receipt of the speed post dated Details.Details.Details, and the WhatsApp screenshots, tracking reports and returned envelopes are attached as ANNEXURE-C6 (Colly).
11.That the complainant has also filed an earlier complaint case against the accused in respect of two other cheques of Rs. X,00,000/- each, and the accused sent a reply dated Details.Details.Details through his Counsel, Details, Advocates & Consultants; the said reply and the envelope are attached herewith as Ex-CW-1/7 (Colly), and the said complaint case is pending before Details, Ld. M.M., Complaint court name.
12.I say that the accused neither replied to the legal notice dated Details.Details.Details sent to them by the counsel for the complainant, nor did the accused return the legally recoverable amount of the above-said cheques to the complainant.
13.I say that from the above act and conduct of the accused, it is clear that the accused issued the three cheques in question, i.e. cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only); cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only); and cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only), with a dishonest and fraudulent intention, and the accused have intentionally and deliberately issued the said cheques to the complainant in spite of the fact, known to them, that the said cheques were not likely to be honoured in favour of the complainant. The accused have thereby also committed serious criminal offences of cheating, fraud, criminal breach of trust and other criminal offences punishable under Sections 406, 419, 420 IPC, and the complainant therefore reserves his right to institute criminal cases against the accused before the court of proper jurisdiction.
14.I say that the accused are thus legally liable to pay the legally recoverable amount of the three cheques in question, i.e. cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only); cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only); and cheque bearing No. "Details", dated Details.Details.Details, for an amount of Rs. X,00,000/- (Rs. Details lakhs only), and the accused are legally liable to be prosecuted under Sections 138, 139, 140, 141 and 142 of the NI Act, since the accused are not paying the legally recoverable amount of the complainant without any just and sufficient reason.
15.I say that the said intentional and wilful breach of the contract by the accused is mala fide and actuated with guilty motive, and the same also amounts to criminal breach of trust, cheating and fraud upon the complainant, as well as wrongful withholding and enjoyment of the due and outstanding amount payable to the complainant, which also constitutes serious criminal offences; the complainant accordingly reserves his right to take appropriate civil and criminal proceedings against the accused.
16.I say that the bank account of the complainant, in which the said cheques in question were dishonoured, falls within the territorial jurisdiction of this Hon'ble Court; hence this Hon'ble Court has jurisdiction to entertain the present complaint and to take cognizance of the offence.
17.I say that the complainant falls within the pecuniary jurisdiction of this Hon'ble Court.
18.I say that I am not deposing falsely.
DEPONENT
VERIFICATION:-
Verified at Place of verification on thisday of Month of verification, Verification year, that all the contents of the above affidavit are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF LD. Complaint court name
Court complex, Court district, Court city
CT. CASE NO. Details../Details
IN THE MATTER OF:-
Details…Complainant
Versus
Details…Accused(s)
AFFIDAVIT OF NON-FILING
Affidavit of Details on behalf of the Complainant, Office at Details. I, the above-named deponent, do hereby solemnly affirm and declare as under:
1.That I am the Power of Attorney holder of the Complainant and I am well conversant with the facts of the case and competent to swear this affidavit.
2.That I hereby state that no other complaint under Section 138 of the NI Act has been filed by the Complainant against the Accused in respect of the payment of the three cheques in question, namely, cheque bearing No. “Details”, dated Details, for an amount of Rs. Details/-, cheque bearing No. “Details”, dated Details, for an amount of Rs. Details/-, and cheque bearing No. “Details”, dated Details, for an amount of Rs. Details/-, nor is any complaint relating to the said cheques pending before any court of law.
3. That the above statement is true and correct.DEPONENT
VERIFICATION
Verified at Place of verification on this Day of verification day of Month and year of verification, that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.
DEPONENT