Complaint under Section 138 read with Sections 141 and 142 NI Act with affidavit, memo of parties and lists
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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IN THE COURT OF LD. Designation of the presiding Magistrate ; DIST. NEW DELHI; District court complex name COURTS, NEW DELHI.
N.I. ACT COMPLAINT NO. NI Act complaint number Year of complaint filing.
IN THE MATTER OF:
Complainant company name: COMPLAINANT
VERSUS
Names of the accusedACCUSED PERSONS
PS – Police station
INDEX
| S. NO. | PARTICULARS | PAGE |
|---|---|---|
| 1. | MEMO OF PARTIES |
| 2. | COMPLAINT UNDER SECTION 138 READ WITH SECTIONS 141 AND 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881, AS AMENDED UP TO DATE, ALONG WITH AFFIDAVIT IN SUPPORT THEREOF |
| 3. | LIST OF WITNESSES |
| 4. | LIST OF DOCUMENTS ALONG WITH DOCUMENTS |
| 5. | CERTIFICATE UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872 |
| 6. | VAKALATNAMA |
COMPLAINANT
Counsel's signatory name
DATEDTHROUGH
Law firm name
ADVOCATES AND LEGAL CONSULTANTS
Law firm suffix line
Counsel's address line 1
Counsel's address line 2
IN THE COURT OF LD. Designation of the presiding Magistrate ; DIST. NEW DELHI; District court complex name COURTS, NEW DELHI.
N.I. ACT COMPLAINT NO. NI Act complaint number Year of complaint filing.
IN THE MATTER OF:
Complainant company name: COMPLAINANT
VERSUS
Names of the accusedACCUSED PERSONS
PS – Police station
MEMO OF PARTIES
Complainant company name
Having its office at Complainant's office address
Complainant's contact details
Complainant's contact details line 2
Through its Authorised Representative / Director: COMPLAINANT
VERSUS
1. First accused's name
First accused's address
First accused's contact details
Also at:
First accused's alternate address
2. Second accused's name
Director / Authorised Signatory
Second accused's address
Second accused's contact details
3. Third accused's name
Director / Authorised Signatory
Third accused's address
Third accused's contact details
4. Fourth accused's name
Director / Authorised Signatory
Fourth accused's address
Fourth accused's contact detailsACCUSED PERSONS
COMPLAINANT
Date of filing
DATEDTHROUGH
Law firm name
ADVOCATES AND LEGAL CONSULTANTS
Law firm suffix line
Counsel's address line 1
Counsel's address line 2
IN THE COURT OF LD. Designation of the presiding Magistrate ; DIST. NEW DELHI; District court complex name COURTS, NEW DELHI.
N.I. ACT COMPLAINT NO. NI Act complaint number Year of complaint filing.
IN THE MATTER OF:
Complainant company name
Having its office at Complainant's office address,
Complainant's contact details
Through its Authorised Representative / Director: COMPLAINANT
VERSUS
1. First accused's name
First accused's address
Also at:
First accused's alternate address
2. Second accused's name
Director / Authorised Signatory
Second accused's address
Second accused's contact details
3. Third accused's name
Director / Authorised Signatory
Third accused's address
Third accused's contact details
4. Fourth accused's name
Director / Authorised Signatory
Fourth accused's address
Fourth accused's contact detailsACCUSED PERSONS
PS – Police station
COMPLAINT UNDER SECTION 138 READ WITH SECTIONS 141 AND 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881, AS AMENDED UP TO DATE.
MOST RESPECTFULLY SHOWETH:
1.That the Complainant Company is a private limited company duly incorporated under the Companies Act, 1956. That the Complainant Company enjoys a high reputation in its field of business and caters to clients in the national and international markets. It is in these circumstances that the Complainant is constrained to approach this Hon'ble Court.
2.That in the captioned complaint case, the Complainant Company is represented through its Authorised Representative, Mr. Authorised representative's name, Authorised Representative / Director, who is duly authorised by the Complainant Company vide board resolution dated Date of board resolution. That the said Authorised Representative is duly conversant with the facts and circumstances of the captioned case, including all transactions and communications with the accused persons.
3.That the accused persons had approached the Complainant, raising numerous queries and seeking supply of various goods and services. That, after numerous rounds of discussions between the parties, the accused persons placed orders upon the Complainant (for the purchase/supply of Description of goods and services supplied, etc.) through purchase orders (P.O. bearing No. First purchase order number dated First purchase order date (DD)/First purchase order date (MM)/First purchase order date (YYYY), P.O. bearing No. Second purchase order number dated Second purchase order date (DD)/Second purchase order date (MM)/Second purchase order date (YYYY), and P.O. bearing No. Third purchase order number dated Third purchase order date (DD)/Third purchase order date (MM)/Third purchase order date (YYYY)), and, accordingly, the Complainant made the required supplies to the accused persons, as, where and when required by them, in accordance with the arrangement mutually agreed between the parties.
4.That it is pertinent to mention herein that the supplies were made by the Complainant to the accused persons strictly in accordance with their specifications and to their satisfaction; furthermore, the accused persons accepted and acknowledged the supplies made by the Complainant without any protest or demur.
5.That, in consideration of the supplies made by the Complainant to the accused persons over time, the Complainant raised invoices (bearing Nos. First invoice number dated First invoice date, Second invoice number dated Second invoice date (DD)/Second invoice date (MM)/Second invoice date (YYYY), Third invoice number dated Third invoice date (DD)/Third invoice date (MM)/Third invoice date (YYYY), and Fourth invoice number dated Fourth invoice date (DD)/Fourth invoice date (MM)/Fourth invoice date (YYYY)) upon the accused persons, seeking payment of the amounts due and payable, and the said invoices were duly accepted by the accused persons without any protest or demur of any manner whatsoever. That, pursuant to the invoices so raised, the accused persons made part payments to the Complainant on a running basis; however, in course of time, the accused persons began committing defaults in the payment of the amounts due. That the last payment was received by the Complainant from the accused persons on or around Date of last payment (DD)/Date of last payment (MM)/Date of last payment (YYYY), and thereafter no payment whatsoever has been made to the Complainant despite numerous requests.
6.That, in consequence thereof, there was (and is) a total amount of approximately Rs. Amount of due amount (₹)/- (INR Due amount in words) (hereinafter referred to as the "*Due Amount"*) payable by the accused persons to the Complainant; however, despite numerous requests, the accused persons failed to make payment of the said Due Amount to the Complainant.
7.That, after numerous requests made by the Complainant to the accused persons for payment of the Due Amount, the accused persons assured the Complainant that the Due Amount would be paid shortly, and further assured the Complainant that, on account of the delayed payment, interest on the delayed payment @ Interest rate (% per annum)% per annum would also be paid by the accused persons, in addition to the aforesaid Due Amount.
8.That, in course of time, the Complainant made numerous requests to the accused persons seeking payment, and, after such numerous requests, the accused persons, on or around Date cheque issued (DD)/Date cheque issued (MM)/Date cheque issued (YYYY), issued and handed over a cheque to the Complainant, assuring the Complainant that the said cheque, when presented, would be duly honoured. That the accused persons further assured the Complainant that the balance payment would be made to the Complainant shortly. The particulars of the cheque so handed over to the Complainant are as follows:-
| Sr. No. | Cheque No. | Date | Amount (INR) | Bank |
| 1 | Cheque number | Cheque date (DD)/Cheque date (MM)/Cheque date (YYYY) | Amount of cheque (₹) | Issuing bank name |
9.That accordingly, the Complainant presented the above-said cheque with its bankers, namely Complainant's bank name Bank, Complainant's bank branch. However, to the utter shock of the Complainant, the said cheque, upon presentation, was dishonoured. The accused persons had issued the cheque to the Complainant, which was dishonoured upon presentation. The dishonoured cheque was returned to the Complainant with the remarks “Funds Insufficient” vide the returning bankers' memo dated Date of cheque dishonour (DD)/Date of cheque dishonour (MM)/Date of cheque dishonour (YYYY).
10.That upon receipt of the dishonoured cheque, the Complainant made repeated attempts to contact the accused persons in order to apprise them of the dishonour of the cheque and to seek payment of the due amount. However, the accused persons paid no heed to the requests of the Complainant and instead deferred the matter on one pretext or another; consequently, the amount remains due and unpaid.
11.That it was a matter of considerable shock to the Complainant that, despite goods and services of the utmost quality having been duly supplied/provided by the Complainant to the accused persons on an urgent basis as and when requested, the accused persons chose to renege on their commitments and failed to abide by the terms and conditions mutually agreed between the parties.
12.That the Complainant apprised the accused persons of the dishonour of the aforesaid cheque; however, the accused persons paid no heed to the requests of the Complainant. This conduct demonstrably reflects their mala fide intention, inasmuch as the cheque issued by the accused persons also stood dishonoured.
13.That the Complainant has been regularly attempting to contact the accused persons; however, all such requests have gone in vain. The facts stated above clearly establish that the accused persons have cheated the Complainant with dishonest and mala fide intentions, inasmuch as even prior to the issuance of the cheque, the accused persons never had any intention of paying the Complainant the full due amount. The accused persons have thereby caused wrongful loss to the Complainant and wrongful gain to themselves, and have also committed offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860.
14.That on account of the malicious conduct of the accused persons, the Complainant was constrained to issue a legal notice to them. The Complainant Company served a Legal Notice dated Date of legal notice (DD)/Date of legal notice (MM)/Date of legal notice (YYYY) upon the accused persons through their Counsel, by speed post as well as by email.
15.That the conduct of the accused persons makes it evident that they intended to defraud the Complainant. The accused persons have thereby caused wrongful loss to the Complainant and wrongful gain to themselves, and have also committed offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860.
16.That till date, the Complainant has suffered and continues to suffer substantial financial losses and loss of business opportunities consequential to the outstanding liability of the accused persons.
17.That this Hon'ble Court has jurisdiction to entertain the present complaint, inasmuch as the Complainant Company maintains its bank account with Complainant's bank name Bank, Complainant's bank branch, where the cheque in question was presented for encashment and returned dishonoured, which lies within the territorial limits of P.S. Police station, New Delhi. This Hon'ble Court therefore has jurisdiction to take cognizance of the present complaint and to adjudicate upon the same.
18.That the present complaint is within the period of limitation prescribed under Section 138 of the Negotiable Instruments Act, 1881. The cheque in question stood dishonoured on Date of cheque dishonour (DD)/Date of cheque dishonour (MM)/Date of cheque dishonour (YYYY), pursuant to which the Legal Notice dated Date of legal notice (DD)/Date of legal notice (MM)/Date of legal notice (YYYY) was served upon the accused persons by email on Date of service of notice by email (DD)/Date of service of notice by email (MM)/Date of service of notice by email (YYYY), and by speed post on Date of service of notice by speed post (DD)/Date of service of notice by speed post (DD)/Date of service of notice by speed post (DD), upon all the accused persons. The statutory period of 15 days expired on Expiry of 15-day notice period from email service (DD)/Expiry of 15-day notice period from email service (DD)/Expiry of 15-day notice period from email service (DD) (being calculated from Date of service of notice by email (DD)/Date of service of notice by email (MM)/Date of service of notice by email (YYYY)) and on Expiry of 15-day notice period from speed post (DD)/Expiry of 15-day notice period from speed post (DD)/Expiry of 15-day notice period from speed post (DD) (being calculated from Date of service of notice by speed post (DD)/Date of service of notice by speed post (DD)/Date of service of notice by speed post (DD), by speed post).
19.That the Complainant has filed a list of all relevant documents which are in the power and possession of the Complainant. The Complainant seeks liberty to file such further documents as may be found necessary at a subsequent stage of the proceedings.
20.That the Complainant has filed a list of probable witnesses and reserves the right to file an additional list of witnesses, if found necessary, during the course of the proceedings.
21.That the Complainant reserves the right to initiate such other appropriate proceedings under law against the accused persons as may be advised.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
a)Issue process against the accused persons under the relevant provisions of law;
b)Initiate criminal proceedings against the accused persons under the provisions of Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, 1881, and Sections 406 and 420 of the Indian Penal Code;
c)Pass an appropriate order under Section 357 of the CrPC directing payment of the total outstanding due amount of ₹ Amount of due amount (₹)/- (INR Due amount in words) due to the Complainant under the cheque in dispute, together with interest up to the date of actual payment;
d)Direct the accused persons to pay to the Complainant twice the amount mentioned in the cheque in question; and
e)Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
COMPLAINANT
Counsel's signatory name
DATEDTHROUGH
Law firm name
ADVOCATES AND LEGAL CONSULTANTS
Law firm suffix line
Counsel's address line 1
Counsel's address line 2
IN THE COURT OF LD. Designation of the presiding Magistrate ; DIST. NEW DELHI; District court complex name COURTS, City
N.I. ACT COMPLAINT NO. NI Act complaint number OF Year of complaint filing.
IN THE MATTER OF:
Complainant company name: COMPLAINANT
VERSUS
Names of the accused: ACCUSED
AFFIDAVIT
I, Deponent's name, aged about Deponent's age years, AR / Director of M/s. Complainant company name, having its office at Complainant's office address, do hereby solemnly affirm and declare as under:-
1.That I am the AR / Director of the Complainant Company in the above-captioned matter and am well conversant with the facts and circumstances thereof, and am therefore competent to swear this affidavit.
2.That the accompanying complaint under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, 1881 has been drafted by my Counsel under my instructions, and the contents thereof have been read over and explained to me. Having understood the same, I state that the factual averments made therein are true and correct to my knowledge, and the legal averments made therein are based upon legal advice received, which I believe to be true.
3.I hereby declare that no other complaint under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, 1881 has been filed by me before any Court in respect of the cheque bearing No. Cheque number for an amount of Rs.Amount of cheque (₹)/- dated Cheque date (DD)/Cheque date (MM)/Cheque date (YYYY) drawn on Issuing bank name Bank, Issuing bank branch Branch, City.
DEPONENT
VERIFICATION
Verified at City on this Day of verification day of Month and year of verification that the contents of the foregoing affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF THE LD. Designation of the presiding Magistrate, DIST. City, District court complex name COURTS, City.
N.I. ACT COMPLAINT NO. NI Act complaint number OF Year of complaint filing
IN THE MATTER OF:
Complainant company name: COMPLAINANT
VERSUS
Names of the accused: ACCUSED
PS – Police station
LIST OF WITNESSES
1.The Complainant itself;
2.The concerned official of the Accused persons' bank;
3.The concerned official of the Complainant's bank;
4.The concerned officials of the Postal Department;
5.Any other witnesses who may be sought to be summoned.
**Counsel's signatory nameCOMPLAINANT**
DATEDTHROUGH
Law firm name
ADVOCATES AND LEGAL CONSULTANTS
Law firm suffix line
Counsel's address line 1
Counsel's address line 2
IN THE COURT OF THE LD. Designation of the presiding Magistrate, DIST. City, District court complex name COURTS, City.
N.I. ACT COMPLAINT NO. NI Act complaint number OF Year of complaint filing
IN THE MATTER OF:
Complainant company name: COMPLAINANT
VERSUS
Names of the accused: ACCUSED
PS – Police station
LIST OF DOCUMENTS
1.Board Resolution dated Date of board resolution;
2.Purchase Orders;
3.Invoices / Ledger of Accounts;
4.One cheque bearing no. Cheque number for an amount of Rs.Amount of cheque (₹)/- dated Cheque date (DD)/Cheque date (MM)/Cheque date (YYYY), drawn on Issuing bank name Bank, Issuing bank branch Branch, City;
5.Returning Memo dated Date of cheque dishonour (DD)/Date of cheque dishonour (MM)/Date of cheque dishonour (YYYY) pertaining to the said cheque;
6.Legal Notice dated Date of legal notice (DD)/Date of legal notice (MM)/Date of legal notice (YYYY), along with postal receipts and proof of service;
7.Any other document(s) as may be found necessary for the adjudication of the present complaint.
Complainant's signatory nameCOMPLAINANT
DATEDTHROUGH
Law firm name
ADVOCATES AND LEGAL CONSULTANTS
Law firm suffix line
Counsel's address line 1
Counsel's address line 2
IN THE COURT OF THE LD. Designation of the presiding Magistrate, DIST. City, District court complex name COURTS, City.
N.I. ACT COMPLAINT NO. NI Act complaint number OF Year of complaint filing
IN THE MATTER OF:
Complainant company name: COMPLAINANT
VERSUS
Names of the accused: ACCUSED
PRE-SUMMONING EVIDENCE BY WAY OF AFFIDAVIT
I, Deponent's name, aged about Deponent's age years, AR / Director of Complainant company name, having its office at Complainant's office address, do hereby solemnly affirm and declare as hereunder:-
1.That I am the AR / Director of the Complainant Company in the above-captioned matter and am well conversant with the facts and circumstances thereof, and am therefore competent to swear this affidavit.
2.That the Deponent Company is a private limited company duly incorporated under the Companies Act, 1956. That the Deponent Company enjoys high repute in its field of business and caters to clients in the national and international markets. That it is in these circumstances that the Deponent is constrained to approach this Hon'ble Court.
3.That the Deponent Company in the captioned complaint case is represented by its Authorised Representative, Authorised representative's name, AR / Director, who is duly authorised by the Deponent Company vide Board Resolution dated Date of board resolution. That the said AR is duly conversant with the facts and circumstances of the captioned case, including all the transactions and communications entered into with the accused. The Board Resolution dated Date of board resolution is Exhibit mark for board resolution.
4.That the accused persons had contacted the Deponent raising numerous queries and seeking the supply of various goods and services. That subsequent to numerous rounds of discussions between the parties, the accused persons placed orders upon the Deponent (seeking the purchase/supply of Description of goods and services supplied, etc.) through purchase orders (P.O. bearing no. First purchase order number dated First purchase order date (DD)/First purchase order date (MM)/First purchase order date (YYYY), P.O. bearing no. Second purchase order number dated Second purchase order date (DD)/Second purchase order date (MM)/Second purchase order date (YYYY), and P.O. bearing no. Third purchase order number dated Third purchase order date (DD)/Third purchase order date (MM)/Third purchase order date (YYYY)), and accordingly the Deponent provided the accused persons with the required supplies, as, where and when required by them, in accordance with the arrangement mutually agreed upon between the parties. The Purchase Orders are Exhibit mark for purchase orders.
5.That the supplies were provided by the Deponent to the accused persons in accordance with their specifications and to their satisfaction; furthermore, the accused persons accepted and acknowledged the supplies provided by the Deponent without any protest or demur.
6.That in lieu of the supplies provided by the Deponent to the accused persons from time to time, the Deponent raised invoices (bearing no. First invoice number dated First invoice date (DD)/First invoice date (MM)/First invoice date (YYYY), Second invoice number dated Second invoice date (DD)/Second invoice date (MM)/Second invoice date (YYYY), Third invoice number dated Third invoice date (DD)/Third invoice date (MM)/Third invoice date (YYYY), and Fourth invoice number dated Fourth invoice date (DD)/Fourth invoice date (MM)/Fourth invoice date (YYYY)) upon the accused persons seeking payment of the amount due and payable, and the said invoices were duly accepted by the accused persons without any protest or demur of any manner whatsoever. That in respect of the invoices raised, the accused persons made part payments to the Deponent on a running basis; however, in course of time, the accused persons began defaulting in payment of the amounts due. That the last payment was received by the Deponent from the accused persons on or around Date of last payment (DD)/Date of last payment (MM)/Date of last payment (YYYY), and thereafter no payment whatsoever has been made to the Deponent despite numerous requests. The invoices / ledger of accounts are Exhibit mark for invoices / ledger.
7.That in consequence thereof, there was (and continues to be) a total amount of approximately Rs. Amount of due amount (₹)/- (INR Due amount in words) (hereinafter referred to as the "*Due Amount")* payable by the accused persons to the Deponent; however, despite numerous requests, the accused persons failed to pay the said Due Amount to the Deponent.
8.That subsequent to numerous requests made by the Deponent to the accused persons seeking payment of the Due Amount, the accused persons assured the Deponent that the Due Amount would be paid shortly, and further assured the Deponent that, in lieu of / resulting from the delayed payment, interest on the delayed payment @ Interest rate (% per annum)% p.a. would also be paid by the accused persons, such interest being payable in addition to the aforesaid Due Amount.
9.That, over a period of time, the Deponent made numerous requests upon the accused persons seeking payment, and, pursuant to such requests, the accused persons on or around Date cheque issued (DD)/Date cheque issued (MM)/Date cheque issued (YYYY) issued and handed over a cheque to the Deponent, assuring the Deponent that the said cheque, as and when presented, shall be duly honoured. The accused persons further assured the Deponent that the balance payment shall be made shortly. The details of the said cheque handed over to the Complainant are as follows: -
| Sr. No. | Cheque No. | Date | Amount (INR) | Bank |
|---|---|---|---|---|
| 1 | Cheque number | Cheque date (DD)/Cheque date (MM)/Cheque date (YYYY) | Amount of cheque (₹) | Issuing bank name |
The cheque bearing No. Cheque number dated Cheque date (DD)/Cheque date (MM)/Cheque date (YYYY) is Exhibit mark for cheque.
10.That, accordingly, the Deponent presented the above-said cheque with its banker, namely Complainant's bank name Bank, Complainant's bank branch; however, to the utter shock of the Deponent, the said cheque was dishonoured upon presentation. The accused persons had issued the cheque to the Deponent, which was dishonoured as and when presented. The said dishonoured cheque was returned to the Deponent with the remarks “Funds Insufficient” vide the returning bank's memo dated Date of cheque dishonour (DD)/Date of cheque dishonour (MM)/Date of cheque dishonour (YYYY). The Returning Memo dated Date of cheque dishonour (DD)/Date of cheque dishonour (MM)/Date of cheque dishonour (YYYY) is Exhibit mark for return memo.
11.That, upon receipt of the dishonoured cheque in question, the Deponent attempted, on numerous occasions, to contact the accused persons in order to apprise them of the factum of dishonour of the cheque and to seek payment of the amount due; however, the accused persons paid no heed to the requests of the Deponent and, on one pretext or the other, put off the matter, and thus the amount remains due and payable.
12.That it was a matter of grave shock to the Deponent that, despite the goods and services of the utmost quality having been duly supplied and provided by the Deponent to the accused persons, on an urgent basis as and when requested, the accused persons chose to resile from their obligations and failed to abide by the terms and conditions mutually agreed between the parties.
13.That the Deponent apprised the accused persons of the factum of dishonour of the aforesaid cheque; however, the accused persons paid no heed to the requests of the Deponent. This demonstrates their mala fide intent writ large, inasmuch as the cheque issued by the accused persons has also been dishonoured.
14.That the Deponent has been regularly attempting to contact the accused persons; however, all such requests have gone in vain. The axiomatic fact emerging from the above clearly shows that the accused persons have cheated the Deponent with dishonest and mala fide intentions, inasmuch as even prior to the issuance of the cheque, the accused persons never had any intention of paying to the Deponent the entire amount due. Thus, the accused persons have caused wrongful loss to the Deponent and wrongful gain to themselves, and have also committed offences under Sections 406 and 420 of the Indian Penal Code, 1860.
15.That, on account of the malicious conduct of the accused persons, the Deponent was constrained to issue a legal notice upon the accused persons. The Deponent Company served a Legal Notice dated Date of legal notice (DD)/Date of legal notice (MM)/Date of legal notice (YYYY) upon the accused persons through their Counsel by speed post and by email. The Legal Notice dated Date of legal notice (DD)/Date of legal notice (MM)/Date of legal notice (YYYY) is Exhibit mark for legal notice. The Postal Receipts and proof of service are Exhibit mark for postal receipts.
16.That it is evident from the conduct of the accused persons that they intended to dupe the Deponent. Thus, the accused persons have caused wrongful loss to the Deponent and wrongful gain to themselves, and have also committed offences under Sections 406 and 420 of the Indian Penal Code, 1860.
17.That, till date, the Deponent has been made to suffer huge financial losses and loss of opportunities consequential to the outstanding liability of the accused persons.
18.That the affidavit under Section 65B of the Indian Evidence Act, 1872 on behalf of the Deponent is exhibited herewith as Exhibit mark for Section 65B certificate.
DEPONENT
VERIFICATION: -
Verified at City on this Day of verification day of Month of verification, Year of verification, that the contents of the foregoing affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF LD. Designation of the presiding Magistrate, DIST. City, District court complex name COURTS, City
N.I. ACT COMPLAINT NO. NI Act complaint number OF Year of complaint filing
IN THE MATTER OF:
Complainant company name: COMPLAINANT
VERSUS
Names of the accused: ACCUSED PERSONS
AFFIDAVIT UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872
I, Deponent's name, aged about Deponent's age years, having my office at Deponent's office address, do hereby solemnly affirm and declare as hereunder: -
1.I state that I am the counsel for the Complainant in the above-captioned matter and have caused service of the legal notice dated Date of legal notice (DD)/Date of legal notice (MM)/Date of legal notice (YYYY) upon the accused persons through registered post and electronic modes. I am thus competent to swear this affidavit.
2.That I state that I took the printouts of the documents mentioned hereunder from my personal laptop and printer, and which have been filed as exhibits along with the complaint, the details whereof are as follows: -
| Sr. No. | Particulars |
|---|---|
| 1. | Tracking reports |
| 2. | Service via email |
3.That the printout of the document at Sr. No. 1 is the tracking report downloaded from the website of the India Post Department; and the document at Sr. No. 2 comprises the email dated Date of email notice (DD)/Date of email notice (MM)/Date of email notice (YYYY), which is available on my email account, namely Details. I state that my email account is under my sole access and authority.
4.That the abovementioned documents were taken out through the laptop and printer which were in my possession and which were regularly used by me during the said period. During the said period, I had lawful control over the use of the laptop, and it was functioning normally without any problem.
5.That throughout the duration of the said period, the laptop was operating properly, and nothing occurred so as to affect the electronic record or the accuracy of its contents, and such records have not been manipulated or tampered with in any manner.
6.That the said documents are computer printouts which were printed from my computer with the help of a printer ordinarily used in the normal course for taking printouts from the computer.
7.That this certificate, therefore, in the facts and circumstances of the case, constitutes sufficient compliance with Section 65B of the Indian Evidence Act, 1872, and the above hard copy/printout, as taken out from the computer, may be treated as a certified copy of the said document.
DEPONENT
VERIFICATION: -
Verified on solemn affirmation at City on this Day of verification day of Month of verification, Year of verification, that the contents of the foregoing affidavit are true and correct to my knowledge and based on the records maintained by the Complainant in the usual course of its business, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT