IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE
(DISTRICT __________), DELHI
CRIMINAL COMPLAINT NO. ________ OF 2019
X ________________ S/o _____________ … COMPLAINANT
VERSUS
Y _________________ S/o ________________ … ACCUSED
JURISDICTION : P. S. _____________
COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881 AGAINST MR. Y
THE COMPLAINANT ABOVE NAMED MOST RESPECTFULLY
SHOWETH:-
1. That the Complainant is the owner and landlord of flat bearing No. _______,
New Delhi.
2. That the accused is a tenant under the Complainant in respect of flat bearing
No. _______ New Delhi, comprising of two bed-rooms, drawing-cum-dining
room, study room, kitchen-room, two bathrooms-cum-toilets and a terrace at a
monthly rent of Rs. 2500/- for residential purposes w.e.f. __________. True
copy of the Lease-deed dated __________ is annexed hereto as Annexure –
“A”.
3. That on _______ the accused handed over cheque bearing Nos. ________ dated
________for Rs. _____ drawn on _________ Bank, New Delhi to the
complainant towards rent of the said premises for the months of (of 201….).
The said original cheque is annexed hereto as Annexure – “B”.
4. That the Complainant deposited the said cheque in his account with the S____
Bank of India, New Delhi on ______- but the same was dishonoured on
presentation with the remarks “REFER TO DRAWER” or “FUNDS
INSUFFICIENT”. The dishonored cheque and original returning memos dated
________ in respect of the said cheque are annexed hereto as Annexure – C
(Colly).
5. That vide legal notice dated 17th December 2017, which was received by the
accused on 19th December, 2017 the Complainant called upon the accused to
make the payment of the amount covered by the dishonoured cheque. The said
letter was sent to the accused by Regd. A.D. as well as U.P.C. However, the
accused miserably failed to make the payment of the Amount in question to the
Complainant. The letter and postal receipt and UPC are annexed as Annexure
D (Colly).
6. That the cheque in question were returned unpaid because the amount standing
to the credit in the Accused’s account was insufficient to honour the cheque in
question.
7. The cause of action for filing the present complaint has arisen when the said
cheques were returned by the banker unpaid for the reason ‘fund insufficient’.
The cause of action further arises when the accused person failed to make the
payment of the cheque amount after 15 days of receipt of the legal demand
notice dated 17.12.2017, received on 19.12.2017. The cause of action is still
continuing and subsisting.
8. That the Complainant has complied with all the requirements of Section 138 of
the Negotiable Instruments Act, 1881 as amended upto-date namely the cheque
in question were presented on ______ i.e. within the period of its validity; the
demand for payment was made to the Accused on 17 th December 2017 i.e.
within thirty days of the date or receipt of information regarding the
dishonouring of the cheque. The accused failed to make the payment within
fifteen days of the said notice and as such the Complainant has approached this
Hon'ble court within one month of the date of the Cause of Action.
9. The Complaint is within limitation period as provided under section 142 (b) of
the Act.
10.That the Hon‟ble Court has jurisdiction to entertain and try the present
complaint because the offence is committed within the jurisdiction of this
Hon‟ble Court. The dishonoured cheque was drawn on ______Bank, Delhi the
same was deposited by the Complainant in S _____ Bank, New Delhi and the
intimation regarding the dishonour of the said cheque was also given by the said
banks and both the drawee and drawer have their accounts in S-----Bank , and
as such the offence has been committed within the jurisdiction of this Hon‟ble
Court.
PRAYER
In view of the facts and circumstances stated herein above it is most
respectfully prayed that this Hon'ble Court may kindly be pleased to:
a. Take Cognizance of the complaint against the accused person under
the relevant provision of law;
b. Summon the accused and try him for the offence punishable under
Section 138 of the Negotiable Instruments Act, 1881;
c. Punish the accused person;
d. Direct the accused abovenamed to pay the Complainant the sum
equivalent to twice the amount of the cheque in question;
e. Pass any other order as this Hon'ble Court may deem fit and proper in
the interest of equity justice and good conscience.
COMPLAINANT
THROUGH
ADVOCATE
Note : List of witnesses to be mentioned at the end of the complaint or
separately after writing short title of the complaint case –
1. Complainant;
2. Banker(s) of the complainant with record of the cheque.
3. Banker(s) of the accused with record of the cheque
4. Any other witness, if needed, as per the facts of the case
COMPLAINANT
