IN THE COURT OF _____________________________
COMPLAINT NO ___________ OF ________IN THE MATTER OF:
Mr.
________________
COMPLAINANT
VERSUS
Mr. ________________________ACCUSED
P.S : ________
COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 (AS AMENDED UPTO DATE) FOR THE SUM OF RS. ________ (RUPEES ________
MOST RESPECTFULLY SHOWETH:
That the Complainant is engaged in the business of travel agency and
coordinating with Travel Agents as sub-agent for recruiting staff for overseas
recruitment and have office at ________
1. 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.
2. That in ________the accused namely Mr. ________had approached the
complainant personally and informed that he is recruiting candidates for
overseas placement and offered to recruit 50 staff for jobs in Qatar. The
accused had demanded security deposit of Rs. ________per candidate for
recruiting them. The accused assured the complainant that the recruitment will
be completed within 45 days and in case of failure to recruit the nurses, the
security deposit will be refunded immediately.
3. That by ________the complainant paid Rs. ________ to the accused as security
deposit for recruitment of 50 staff @ Rs. ________per candidate, in different
installments by believing the promise of the Accused.
4. That the accused issued the following cheques to the complainant to encash it
in case of failure to recruit the nurses within 45 days.
Cheque No. Date Amount Rs.
________ ________ ________
That in order to discharge his above said liability and in accordance with the
agreed terms and conditions, the accused had issued Cheque No. ________ dated
________for Rs. ________Cheque No. ________ dated ________for Rs. ________/-,
Cheque NO. ________ dated ________for Rs. ________Cheque No. ________ dated
________for Rs. ________Cheque No. ________dated ________For Rs. ________all
cheques drawn on ________. The said cheques were 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.
5. That the Complainant waited for 45 days to start recruitment process of nurses and found that the accused was cheating him by giving false promises.
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 were dishonored vide cheque return advice dated
________issued by the complainants bank. The aforesaid cheque was returned
unpaid vide returning memo dated ________with the remarks "ACCOUNT CLOSED".
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 Regd.
________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 has
failed to make payment against the said cheque which has been done by him
malafidely, intentionally and deliberately and knowingly. That at the time of
issuing the said cheques the accused was 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 Rs. ________ (Rupees ________) fully knowing
that he can not repay the said amount to the complainant.
9. That the accused is guilty of 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.
10. That the cause of action has arisen at New Delhi as the cheques was issued at New Delhi, and the same was payable at New Delhi and was also dishonored at New Delhi. Therefore this Hon'ble Court has jurisdiction to try and adjudicate upon the present complaint.
11. That the complaint is well within limitation period prescribed under the Act:
i. Date of Dishonor ________
ii. Date of Notice ________Date of filing Complaint . ________
12. 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 ________) 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 :
ADVOCATE
138 Negotiable Instruments Act Complaint Format to file case against return of cheque
Application for Clarification Format Supreme Court
Application for Direction - Supreme Court
Application for early haring in format for High Court
Application for Substitution Supreme Court
Application for vacation of stay format for High Court
Civil Appeal Format Supreme Court
Contempt of Court Petition Format Supreme Court
Counter Affidavit Format - High Court
Legal Notice format demanding dues from the employer
Rejoinder Format for Central Administrative Tribunal
Review Petition Format Supreme Court
Special Leave Petition (Criminal) Format Supreme Court
Transfer Petition (Criminal) format Supreme Court
Written Argument format, 138 Negotiable Instruments Act Complaint, return of cheque
Writ Petition PIL Format High Court
Writ Petition format for High Court
Writ Petition format challenging CAT Judgment in High Court