Name: Anukriti Debnath

Sec: 2 (2018 Batch)

ID: 20181BBL0081

A CRIMINAL COMPLAINT UNDER SECTION 138 OF NEGOTIABLE

INSTRUMENTS ACT, 1881

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS BANGALORE AT

BANGALORE

Complaint No. xxx/2021

Mr. Ghanshyam Tripathi
s/o Mr. Raju Tripathi
residing at DEF

Through:
………Complainant
Vs
Mr. Kharak Singh
s/o Mr. Dara Singh
residing at ABC
……………. Accused
LIST OF WITNESSES
1. Complainant
2. Manager/Officers/Clerk at the Bankers of the Accused
3. Manager/Officers/Clerk of the Bankers of the Complainant
The Complaint is under Section 138 read with Section 142 of the Negotiable Instruments Act,
1881.
That the complainant most respectfully submits as under:
1. That, the complainant had a fiduciary relationship with Mr Kharak Singh s/o Mr Dara
Singh addressed at XYZ (hereinafter as “the accused”) upon which he had lent an
amount of Rs 1,00,000/- (Rupees One Lakh only) on 01/01/2021 as an assistance to
the accused’s sister’s marriage and it was verbally agreed that he will pay the entire
amount back.
2. That the complainant was handed a cheque of Rs 1,00,000/- (Rupees One Lakh only)
with bearing number 12345 for the same. The cheque bearing the accused’s signature
was dated on 10/04/2021 drawn on Federal Bank, Rajanakunte Branch, Bangalore.
3. That, when the aforesaid cheque was presented for depositing in his HDFC Bank
Account (Jayanagar Branch), Bangalore on 15/04/2021, the same was dishonoured for
the reason “Payment stopped by the drawer”. The returning memo of Federal Bank is
dated on 15/04/2021.
4. That, despite reminders made by the complainant, the accused have failed to make
payment and also tried to avoid the matter by ignoring his repeated requests of paying
the due.
5. The Complainant states that, the said cheque was issued towards the accused’s
liability towards the complainant by not repaying the lent amount of Rs 1,00,000/-
(Rupees One Lakh only).
6. The Complainant states that, the details of the said cheque are as under:
Cheque No. Cheque date Amount (in Date of Expiration of 30
INR) intimation of days from date
dishonour of intimation of
dishonour
12345 10/04/2021 1,00,000/- 15/04/2021 15/05/2021
7. The Complainant states that, the said debt is a legally enforceable one and that the
accused is liable to pay the complainant the same,
8. The Complainant further states that, a statutory legal notice has been issued as per the
mandate of Section 138 of the Negotiable Instruments Act, 1881 with reference to the
said cheque. The issued legal notice was within 30 days of intimation of dishonour of
the said cheque and had thus been issued within the prescribed limitation period.
Furthermore, despite the legal notice, the accused still did not repay the said cheque
amount within 5 days of having received the said statutory Legal Notice.
Cheque Date of Amount Expiry of Date of Expiry of Expiry of 1
No. and intimation (INR) 30 days issue of 15 days month
date of from date Notice/Dat from from the
dishonour of e of receipt receipt of last date on
intimation of Notice Legal which the
of Notice accused
dishonour can retry
payment as
per Section
138.
12345 15/04/2021 1,00,00 15/05/2021 30/05/2021 15/06/202 15/07/2021
0 1
10/04/202
1

9. The Complainant states that, the last date on which the accused could retry making
payment of the cheque amount to the complainant was 30/01/2021. The Complainant
further states that, the last date for filing a criminal complaint under Section 138 of
the Negotiable Instruments Act in the present matter is 15/07/2021. Therefore, the
present complaint has been filed within the prescribed period of limitation.
10. The Complainant states that, the said cheque had been issued by the accused to the
complainant within the limits of Bangalore. The concerned branches of the both the
drawer and drawer banks are situated within the limits of Bangalore. Furthermore, the
said cheque was dishonoured within the limits of Bangalore and thus, the Hon’ble
Court has the jurisdiction to try the present Complaint.
11. It is therefore most respectfully prayed before this Hon’ble Court that:
A. The Accused be tried and punished under Section 138 to 147 of the Negotiable
Instruments Act, 1881.
B. The Complainant be compensated, and
C. Any other order in the interest of justice may kindly be passed.

Bangalore
Date: 09/07/2021

Advocate for the Complainant Complainant