Criminal complaint under Sections 138, 141 & 142 NI Act for cheque dishonour of Rs. 2,00,000
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IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, Court complex (Rohini) COURTS, DISTRICT NORTH WEST, DELHI
CRIMINAL COMPLAINT NO. Criminal complaint number OF Year of filing of the complaint
IN THE MATTER OF:-
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED
(P.S.: Police station)
INDEX
S.No.PARTICULARS
1.MEMO OF PARTIES. A –
2.COMPLAINT UNDER SECTION 138 OF THE N.I. ACT, 1881. 1 –
3.AFFIDAVIT IN SUPPORT.
4.LIST OF WITNESSES.
5.LIST OF DOCUMENTS.
6.VAKALATNAMA.
7.EVIDENCE BY WAY OF AFFIDAVIT.
DELHICOMPLAINANT
THROUGH: Name of counsel for the complainant, ADVOCATE
DATED: Date of filing
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, Court complex (Rohini) COURTS, DISTRICT NORTH WEST, DELHI
CRIMINAL COMPLAINT NO. Criminal complaint number OF Year of filing of the complaint
IN THE MATTER OF:-
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED
(P.S.: Police station)
MEMO OF PARTIES
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED
DELHICOMPLAINANT
THROUGH: Name of counsel for the complainant, ADVOCATE
DATED: Date of filing
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, Court complex (Rohini) COURTS, DISTRICT NORTH WEST, DELHI
CRIMINAL COMPLAINT NO. Criminal complaint number OF Year of filing of the complaint
IN THE MATTER OF:-
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED
(P.S.: Police station)
COMPLAINT UNDER SECTIONS 138 & 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881, AS AMENDED BY ACT 66 OF 1988, FOR DISHONOUR OF CHEQUE BEARING NO. Cheque number DATED Date of cheque, AMOUNTING TO Amount of cheque (Amount of cheque in words), DRAWN ON Drawee bank name IN FAVOUR OF THE COMPLAINANT
MOST RESPECTFULLY SHOWETH:-
THE FACTS LEADING TO THE FILING OF THE INSTANT COMPLAINT ARE AS FOLLOWS:-
1.That the complainant is a peace-loving and law-abiding citizen of India. Aggrieved by the acts of the accused, the complainant has approached this Hon'ble Court for redressal of the grievances meted out to him by the accused.
2.That the accused is an old acquaintance of the complainant, and they have known each other for approximately Approximate duration of acquaintance between complainant and accused, a fact well known to the accused.
3.That the accused, being in dire need of money, requested the complainant for a friendly loan of Loan amount in the month of Month in which loan was requested and given. Considering the old friendship and the repeated requests of the accused, the complainant somehow arranged and paid a sum of Loan amount to the accused on Date of loan payment, as desired and requested by the accused. At that time, the accused handed over to the complainant a hand-written acknowledgement and a signed cheque bearing no. Cheque number drawn on Drawee bank name and branch.
4.That despite the lapse of considerable time (more than Period elapsed before complainant sought repayment), the accused did not pay a single penny to the complainant. On account of his bona fide needs and requirements, the complainant requested the accused to repay the money; however, the accused repeatedly sought time to make payment of the loan amount. Upon the repeated requests of the complainant, in the month of Month in which accused re-issued the filled cheque, the accused came to the complainant, filled in the date Date of cheque and the amount of Amount of cheque inclusive of interest, and handed over the said cheque to the complainant in discharge of his debts and liabilities towards the complainant. The details of the said cheque are as under:-
S.NO.CHEQUE NO. DATED AMOUNT
1.Cheque number Date of cheque Amount of cheque
5.That even at the time of issuance of the cheque and while handing over the cheque to the complainant, the accused categorically represented to the complainant that the cheque would be duly encashed by his banker whenever presented for encashment. The accused clearly represented at that time and gave the impression and understanding to the complainant that the cheque would be honoured by his banker.
6.That the complainant, within the validity of the aforesaid cheque, presented the same for encashment and for crediting the proceeds thereof to his account through his banker, i.e. Complainant's bank name (Axis Bank) Bank Ltd., Complainant's bank branch, Complainant's bank branch address. However, to the utter surprise of the complainant, the above-mentioned cheque was not honoured and was returned dishonoured by his banker, with the remarks "Remarks recorded by the bank on the return memo", vide the banker's memo dated Date of bank return memo, and such information was conveyed to the complainant by his bankers. The complainant immediately informed the accused of the factum of the dishonour of the cheque and called upon him to make payment of the aforesaid amount; however, the accused failed to make payment of the amount of the said dishonoured cheque.
7.That after receiving back the cheque in question dishonoured, the complainant made numerous attempts to contact the accused to apprise him of the factum of the dishonour of the cheque; however, the accused paid no heed to the requests of the complainant and, instead, put off the matter on one pretext or the other. The payment of the cheque amount is, therefore, still due from the accused.
8.That the accused dealt with the complainant and handed over the cheque in discharge of his liability. It appears that, since inception, the accused misrepresented to the complainant, with dishonest intentions, on several aspects, for which the complainant reserves his right to initiate separate action as warranted under law.
9.That the axiomatic facts emerging from the above clearly show that the accused has cheated the complainant in a calculated manner, with dishonest and mala fide intentions and ulterior motives, and has committed the offences of cheating and criminal breach of trust, as well as the offence under Section 138 of the Negotiable Instruments Act, rendering himself liable not only to pay twice the amount of the aforesaid cheque as compensation but also to undergo imprisonment for a term which may extend to two years, as provided under the Act, besides the other offences committed under the provisions enumerated in the Indian Penal Code.
10.That the complainant issued a notice under Sections 138 and 142 of the N.I. Act, 1881, dated Date of legal notice, dispatched on Date of dispatch of notice to the accused by registered post, calling upon the accused to make good the amount of the said cheque to the complainant within fifteen (15) days of receipt of the notice.
11.That the accused issued the cheque fully knowing that he did not have sufficient funds in his account, with a view to cheating the complainant, thereby attracting the provisions of Sections 138 and 142 of the Negotiable Instruments Act, as well as Section 420 of the Indian Penal Code.
12.That it is evident from the conduct of the accused that, even at the time of issuance of the cheque, the actor was actuated by mala fide intention: the accused intentionally failed to honour the payment of the said cheque, thereby causing wrongful loss to the complainant and wrongful gain to himself, and thereby committing an offence punishable under Section 420 of the Indian Penal Code.
13.That the accused has neither made good the amount of the said cheque nor cared to reply to the notice issued by the complainant. The complainant is, therefore, filing the present complaint under Sections 138, 141 & 142 of the Negotiable Instruments Act read with Section 420 of the I.P.C. for initiating criminal proceedings against the accused.
14.That this Hon'ble Court has jurisdiction to entertain the instant complaint, inasmuch as the process of dishonour was committed at Delhi, within the territorial jurisdiction of this Hon'ble Court. The branch of the complainant's bank is located at Complainant's bank branch address, i.e., Police Station Police station, which falls within the jurisdiction of this Hon'ble Court.
15.That the instant complaint has been filed within the period stipulated by law, inasmuch as the legal notice was dispatched on Date of dispatch of notice and was duly served upon the accused on Date of service of notice, as per the tracking report of India Post. No payment was made within the statutory period of fifteen days from the service of the said notice, and the present complaint has been filed within one month of the expiry of the said grace period of fifteen days.
16.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 other documents as may be found necessary at a subsequent stage of the proceedings.
17.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.
P R A Y E R
Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to take cognizance of the present complaint against the accused above-named under the relevant provisions of law:
1.Issue process against the accused under the relevant provisions of law.
2.Initiate criminal proceedings against the accused herein under the provisions of Sections 138, 141 & 142 of the Negotiable Instruments Act, 1881, and Section 420 of the Indian Penal Code.
3.Direct the accused to pay to the complainant twice the amount mentioned in the cheque.
4.Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
DelhiCOMPLAINANT
THROUGH
ADVOCATE
DATED
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, Court complex (Rohini) COURTS, DIST. NORTH WEST, DELHI.
CRIMINAL COMPLAINT NO. Criminal complaint number OF 2019.
IN THE MATTER OF :-
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED
(P.S.: Police station)
LIST OF WITNESSES
1.The complainant himself.
2.The concerned official of the complainant's bank.
3.The concerned official of the accused's bank.
4.The concerned officials of the Postal Department.
5.Any other witnesses who may be sought to be summoned.
DelhiCOMPLAINANT
THROUGH
ADVOCATE
DATED
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, Court complex (Rohini) COURTS, DIST. NORTH WEST, DELHI.
CRIMINAL COMPLAINT NO. Criminal complaint number OF 2019.
IN THE MATTER OF :-
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED
(P.S.: Police station)
LIST OF DOCUMENTS
1.Acknowledgement/Receipt dated Date of acknowledgement/receipt.
2.Cheque, the particulars whereof are as follows :-
| S.No. | Cheque No. | Dated | Amount |
|---|---|---|---|
| 1. | Cheque number | Date of cheque | Amount of cheque/- |
3.Bank return memo issued by the drawee bank, Drawee bank name and branch, returning the aforesaid cheque unpaid, dated Date of bank return memo.
4.Legal notice dated Date of legal notice, dispatched on Date of dispatch of notice, issued by the counsel for the complainant under Sections 138, 141 & 142 of the Negotiable Instruments Act, 1881, read with Section 420 of the Indian Penal Code.
5.Postal receipt dated Date of postal receipt of the notice dated Date of legal notice, sent by the counsel for the complainant, along with the delivery report of the speed post.
6.Any other documents, with the permission of this Hon'ble Court, at a later stage.
DelhiCOMPLAINANT
THROUGH
ADVOCATE
DATED
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, Court complex (Rohini) COURTS, DIST. NORTH WEST, DELHI.
CRIMINAL COMPLAINT NO. Criminal complaint number OF 2019.
IN THE MATTER OF :-
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED
AFFIDAVIT
Affidavit of Sh. Deponent's name, S/o Sh. Deponent's father's name, R/o Deponent's address, who do hereby solemnly affirm and declare as under :-
1.That I am the complainant in the above-mentioned case and am thoroughly conversant with the facts and circumstances thereof, and am competent to swear this affidavit.
2.That no other complaint has been filed before any court under Sections 138/141 of the N.I. Act, read with Section 420 of the IPC, in respect of cheque bearing No. Cheque number for an amount of Amount of cheque/- dated Date of cheque drawn on Drawee bank name and branch.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification of affidavit day of Month and year of verification of affidavit, 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 CHIEF METROPOLITAN MAGISTRATE, Court complex (Rohini) COURTS, DIST. NORTH WEST, DELHI.
CRIMINAL COMPLAINT NO. Criminal complaint number OF 2019.
IN THE MATTER OF :-
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED
AFFIDAVIT OF EVIDENCE OF THE COMPLAINANT
Affidavit of Sh. Deponent's name, S/o Sh. Deponent's father's name, R/o Deponent's address, who do hereby solemnly affirm and declare as under :-
1.That I am the complainant in the above-mentioned case and am thoroughly conversant with the facts and circumstances thereof, and am competent to swear this affidavit.
2.That the deponent is a peace-loving and law-abiding citizen of India. Aggrieved by the acts of the accused, the deponent has approached this Hon'ble Court for redressal of the grievances meted out to him by the accused.
3.That the accused is an old acquaintance of the deponent, and they have known each other for approximately Duration for which complainant and accused have known each other; this fact is well known to the accused.
4.That the accused was in dire need of money and requested the deponent for a friendly loan of Loan amount/- in the month of Month in which accused requested the loan. Considering the old friendship and the repeated requests of the accused, the deponent somehow arranged and paid the accused a sum of Loan amount/- on Date of loan payment, as desired and requested by the accused, whereupon the accused handed over to the deponent a hand-written acknowledgement and a signed cheque bearing No. Cheque number drawn on Drawee bank name and branch. The Acknowledgement/Receipt dated Date of acknowledgement/receipt is Ex. CW1/1.
5.That despite the passage of sufficient time (more than Period that elapsed before repayment was demanded), the accused did not pay a single penny towards the loan. The deponent, on account of his bona fide needs and requirements, requested the accused to repay the money, but the accused repeatedly sought time to make payment of the loan amount. Upon the repeated requests of the deponent, in the month of Month in which the accused issued the filled cheque, the accused came to the deponent, took back the cheque, filled in the date Date of cheque and the amount of Amount of cheque/- (inclusive of interest), and handed the cheque over to the deponent in discharge of his debts/liabilities towards the deponent. The particulars of the said cheque are as under :-
| S.NO. | CHEQUE NO. | DATED | AMOUNT |
|---|---|---|---|
| 1. | Cheque number | Date of cheque.Date of cheque.2019 | Amount of cheque |
The cheque bearing no. Cheque number dated Date of cheque.Date of cheque.2019 is Ex.Cw1/2.
6.That even at the time of issuance of the cheque and while handing it over to the deponent, the accused categorically represented to the deponent that the cheque shall be duly encashed by their banker whenever presented for encashment. The accused clearly represented at that time and gave the deponent the impression and understanding that the cheque would be honoured by the banker.
7.That the deponent, within the validity of the aforesaid cheque, presented it for negotiation and for crediting the proceeds thereof into his account through his banker, namely Complainant's bank name (Axis Bank), Complainant's bank branch, Delhi. However, to the utter surprise of the deponent, the abovementioned cheque was not honoured and was returned dishonoured by his banker, with the remarks "Account Dormant", vide the banker's memo dated Date of bank return memo.Date of bank return memo.2019, and such information was conveyed to the deponent by his bankers. The deponent immediately informed the accused of the fact of the dishonour of the cheque and called upon the accused to make payment of the aforesaid amount, but the accused failed to make payment of the dishonoured cheque amount. The returning memo dated Date of bank return memo.Date of bank return memo.2019 is Exhibit number of return memo.
8.That after receiving back the cheque in question dishonoured, the deponent tried to contact the accused on several occasions to apprise the accused of the fact of the dishonour of the cheque; however, the accused paid no heed to the requests of the deponent and instead put off the matter on one pretext or the other. The payment of the cheque amount therefore still remains due from the accused.
9.That the accused dealt with the deponent and handed over the cheque in discharge of the liability, and it appears that from inception the accused misrepresented to the deponent, with dishonest intentions, on several aspects, for which the deponent reserves his right to initiate separate action as warranted under law.
10.That the axiomatic facts emerging from the above clearly show that the accused has cheated the deponent in a calculated manner, with dishonest and malafide intentions and ulterior motives, and has committed the offence of cheating, breach of trust and an offence under Section 138 of the Negotiable Instruments Act, making himself liable not only to pay twice the amount of the aforesaid cheque as compensation but also to undergo imprisonment for a term extending up to two years, as provided under the Act, besides the other offences committed under the provisions enumerated in the Penal Code of India.
11.That the deponent issued a notice under Sections 138 and 142 of the N.I. Act, 1881, dated Date of legal notice.Date of legal notice.2019, dispatched on Date of dispatch of notice.Date of dispatch of notice.2019 to the accused by registered post, calling upon the accused to make good the amount under the said cheque to the deponent within 15 days of receipt of the notice. The legal notice dated Date of legal notice.Date of legal notice.2019 is Exhibit number of legal notice.
12.That the accused issued the cheque fully knowing that he did not have sufficient funds in his account, with a view to cheat the deponent, thereby attracting the provisions of Sections 138 and 142 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code.
13.That it is evident from the conduct of the accused that even at the time of issuance of the cheque, the accused had a malafide intention and intentionally failed to honour the payment of the said cheque. The accused therefore acted with malafide and malicious intention even at the time of issuance of the cheque, and has thereby caused wrongful loss to the deponent and wrongful gain to himself, committing an offence punishable under Section 420 of the Indian Penal Code.
14.That the accused has not made good the amount under the said cheque, nor has the accused cared to reply to the notice issued by the deponent. The deponent is therefore filing this complaint under Sections 138, 141 and 142 of the Negotiable Instruments Act read with Section 420 of the I.P.C. for initiating criminal proceedings against the accused.
15.That this Hon'ble Court has jurisdiction to entertain the instant complaint, inasmuch as the process of dishonour took place at Delhi and within the area of this Court. The branch of the bank of the deponent is located at Complainant's bank branch address, i.e. Police Station Police station, which is situated within the jurisdiction of this Hon'ble Court.
16.That this complaint is filed within the time stipulated by law, inasmuch as the notice was dispatched on Date of dispatch of notice.Date of dispatch of notice.2019 and was duly served on Date of service of notice.Date of service of notice.2019, as per the tracking report of India Post, and no payment was received within the next 15 days. The present complaint is being filed within one month of the expiry of the said grace period of 15 days. The postal receipt is annexed as Exhibit number of postal receipt and the tracking status of the said postal receipt is Exhibit number of tracking report.
17.That it is submitted that the complaint filed by the deponent is correct, and the accused be tried and punished in accordance with the provisions of law by this Hon'ble Court.
18.That the statement of the deponent made above is true and correct.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification of evidence affidavit day of March, 2019 that the contents of paragraphs 1 to 18 of my evidence by way of affidavit are true and correct to my knowledge; no part of it is false and nothing material has been concealed therefrom.
DEPONENT