On 15.05.

2019 defendant Narender Kumar S/o Zale Singh, Caste:Meghwal R/o

Village:Sahad ka bass,Tehsil:Buhana, District: Jhunjhunun, State: Rajasthan
borrowed a sum of ₹ 6,50,000/- from the plaintiff(Meer Singh S/o Bhanwar Lal,
Caste:Harijan, R/o Ward No. 15, Kurahwta Road,District: Mahendergarh, State:
Haryana). In this regard, defendant Narender Kumar executed Affidavit duly
attested by Radhe Shyam Sharma Notary Public Mahendergarh, alongwith two
blank cheques duly signed by him in presence of two witnesses namely 1. Ashok
Kumar S/o Duli Chand R/o Village: Kalakhari, 2.Manoj Kumar S/o Dharam Pal,
R/o Village: Saga, of Tehsil:Buhana, District: Jhunjhunun, State: Rajasthan.
Before executing the said Affidavit, the contents of the same were read over to the
defendant Narender Kumar and defendant Narender Kumar after admitting the
contents of the said Affidavit to be true signed the same in presence of the
witnesses and handed over the said Affidavit and two duly signed blank cheques to
the plaintiff. The rate of interest stipulated @ 2 % per month. It is averred that
defendants have failed to make the payment of the said amount alongwith interest
to the plaintiff on time, despite repeated requests of the plaintiff.
Criminal Complaint against return of Cheque
IN THE COURT OF _____________________________

COMPLAINT NO ___________ OF____

IN THE MATTER OF:

Mr.____________________                                                        COMPLAINANT

VERSUS

Mr. _______________                                                                 ACCUSED

POLICE STATION:____________

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT,

1881 (AS AMENDED UPTO DATE) FOR THE SUM OF RS. ______________ (RUPEES
________________ ONLY)

MOST RESPECTFULLY SHOWETH:

1. That the Complainant is working as _________________________ and is residing at

______________________________________
2. That the present complaint is being field by the complainant Mr.___________________
to cause appearance in this Hon'ble Court and to depose and conduct the proceedings.
3. That on _______________ the accused namely Mr. ______________ had approached the
complainant personally and asked for a friendly loan of Rs. ________________.
4. That on __________ complainant paid Rs. ___________ (Rupees _____________ as
friendly loan repayable on demand.
5. That towards payment of amount of loan the accused issued Cheque No.
______________ Dated ____________for Rs. ___________to the complainant. That in
order to discharge their above said liability and in accordance with the agreed terms and
conditions, the accused had issued Cheque No. _____________ Dated ___________for
Rs. ___________/- drawn on ___________________. The said cheque was issued from
Account No. ____________________which is held in the name of the accused. That the
present complaint is based on the dishonor of the above said cheque which was issued in
discharge of a lawful debt.
6. That at the time of handing over the above said cheque the accused had assured the
complainant that the said cheque will be honored/encashed on presentation. Taking the
above assurance/representation as true, the complainant had accepted the above said
cheque.
 That on the basis of the assurances given by the accused, the complainant presented the
above said cheque with its bankers namely ___________________________________
and was dishonored vide cheque return advice dated _____ issued by the complainants
bank. The aforesaid cheque was returned unpaid vide returning memo dated
____________with the remarks "FUNDS INSUFFICIENT".
7. That the dishonor of the cheque clearly shows and establishes that the accused did not
intend to honor the amount under the said cheque.
8. That on account of the dishonor of the said cheque, the complainant had served a legal
notice dated ____________upon the Accused by way of Registered Post vide Receipt
No. _________________ dated ___________However, despite service of notice, the
accused has not taken any steps to liquidate his liability and has failed to make balance
payments to the complainant towards the amount covered under the said cheque, within
the statutory period of 15 days or thereafter. Thus, the Accused has, therefore committed
an offence within the meaning of Section 138 and other sections of the amended
provisions of the Negotiable Instruments Act, 1881, for which he is liable to be
prosecuted and punished.

That the accused have failed to make payment against the said cheque which has been
done by them malafidely, intentionally and deliberately and knowingly. That at the time
of issuing the said cheques the accused were fully aware that the said cheques will not be
honored on presentation. Therefore, the accused has dishonestly induced the complainant
to advance a sum of _________________ /- (Rupees __________________ Only) fully
knowing that he cannot repay the said amount to the complainant.
9. That the accused is guilty offence under Section 138, Negotiable Instruments Act and is
also liable to be prosecuted under Section 420 of the Indian Penal Code.
10. That in view of the facts and circumstances, the complainant has a cause of action and
right to file the present complaint. The cause of actions has arisen in favour of the
complainant when, on the expiry of the notice period, the Accused has not come forward
to pay the amount relating to the dishonored cheques. The cause of action is still
subsisting and continuing in nature.
11. That the cause of action has arisen at __________ as the cheques was issued at
_________, and the same was payable at __________ and was also dishonored at
_________. Therefore this Hon'ble Court has jurisdiction to try and adjudicate upon the
present complaint.
12. That the complaint is well within limitation period prescribed under the Act:
i. Date of Dishonor ______
ii. Date of Notice ______
iii. Date of filing Complaint _______
13. That a list of documents and list of witnesses are annexed with this complaint.

 
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:

a. Summon, prosecute and punish the Accused and also direct the accused to pay the
amount as double to the amount covered under the said dishonored cheques, under the
provisions of Section 138 read with Section 142 of the Negotiable Instruments Act,1881
as amended by the Negotiable Instrument laws (Amended and Miscellaneous Provisions)
Act, 2002. In accordance with Section 357 of Code of Criminal Procedure 1974, out of
the penalty imposed, the Accused be ordered to compensate the Complainant to the
extent of Rs._______ /- (Rupees ______________ Only) and
b. Such other and further orders may be passed as may be deemed fit and proper by this
Hon'ble Court.

It is prayed accordingly.
 

PLACE:
 

DATED:                                                                            

COMPLAINANT

THROUGH :

ADVOCATES
 Evidence by way of affidavit for and on behalf of the Complainant

IN THE COURT OF _____________________________

COMPLAINT NO. ___________ OF 20__

 

IN THE MATTER OF:

Mr. _______________
 

COMPLAINANT
 

VERSUS
 

Mr. ________________
 

ACCUSED

EVIDENCE BY WAY OF AFFIDAVIT FOR AND ON BEHALF OF THE

COMPLAINANT

Affidavit of Mr. __________________ aged ____years, the resident of

______________________________.

I, the above named deponent, on solemn oath do hereby state, declare and affirm as under:

1. That I am the Complainant and am competent to file the present Complaint before this
Hon'ble Court.
2. That I say the Complainant had extended credit facility of Rs.___________ /- to the
Accused. The said credit facility was repayable as per the cheques issued by the Accused.
 3. I say that the Accused had issued Cheque No. ___________dated _____________for Rs.
________________, drawn on ______________ in my favour towards discharge of his
above said liability. The above cheque was drawn on cheques drawn
______________________ is exhibited as EX CW1/A.
4. I say that the above cheques, on presentation, was dishonoured by the bank of the
Accused vide returning memo dated ____________stating the reason to be "Funds
Insufficient". The said Returning Memo is exhibited as EX- CW1/B.
5. I say that on account of the dishonor of the said cheques, the complainant had served a
legal notice dated _____________upon the accused person. A Copy of the notice is
exhibited as EX CW1/C. The Postal Receipt exhibited as EX-CW1/D.
6. I say that consequent to the non payment of the cheques amount so demanded by the
complainant within the statutory period, the Complainant has filed the present complaint,
which is well within limitation. The limitation document is exhibited as EX CW1/E.
7. I say that the complainant not filed any complaint in any other court which is pending in
respect of the transaction involved in the present matter.
8. I say that in view of the facts the accused be summoned and tried as per law.
9.  I say that I close my pre-summoning evidence.

DEPONENT

VERIFICATION
Verified at New Delhi on this _____day of ______2013, that the contents of the above affidavit
are true and correct to the best of my knowledge and belief based on the records maintained by
the Institute in normal course of business. No part of it is false and nothing material has been
concealed therefrom.

DEPONENT