COMPLAINT UNDER SECTION 138, THE NEGOTIABLE INSTRUMENTS ACT

IN THE COURT OF METROPOLITAN MAGISTRATE, …..COURT, DELHI

CRIMINAL COMPLAINT NO. OF 2022

X
S/o
R/o ….COMPLAINANT
VERSUS
Y
S/o
R/o .…ACCUSED

JURISDICTION : P. S.

COMPLAINT UNDER SECTION 138 OF THE

NEGOTIABLE INSTRUMENTS ACT, 1881

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. 25000/- for residential
purposes w.e.f. . True copy of the Lease-deed dated is annexed
hereto
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 September 2022, October 2022 and November
2022, …… the said original cheque is annexed hereto.
4. That the Complainant deposited the said cheque in his account with the ……… (bank
name) on (date) but the same was dishonoured on presentation with the remarks
‘Funds Insufficient’. The original returning memos dated in respect of the said
cheque is annexed hereto.
5. That vide letter dated……., 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 failed to make the payment of the amount
in question to the Complainant.
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 and as such the
Accused is liable to be prosecuted an punished under Section 138 of the Negotiable
Instruments Act, 1881 as amended upto-date.
7. 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 ………. i.e. within thirty days of the date or receipt of information
regarding the dishonouring of the cheque. True copy of the said demand dated ……. is
annexed hereto. The postal receipt and the U.P.C. thereof are annexed hereto collectively. The
accused failed to make the payment within fifteen days of the said notice
8. That the Cause of action arose on ______ and the Complainant has approached this
Hon’ble court on ______which is within one month of the date of the cause of action. The
Complaint is therefore within time.
9. 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. (Mention how the court
has jurisdiction based on the facts).

PRAYER:

It is, therefore most respectfully prayed that his Hon’ble Court may be pleased to summon the
accused under Section 138 of the Negotiable Instruments Act, 1881 as amended upto-date and
the accused be tried and punished in accordance with law for the aforesaid offence committed
by him.

Place: Delhi Complainant

Date: Advocate on behalf of the Complainant

List of witnesses–
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