Format for 138 Criminal Compliant

Format for 138 Criminal Compliant

PERFORMA OF COMPLAINT

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE  WEST , Tis HAZARI , DELHI

 COMPLAINT CASE NO._____________ OF 2014

IN RE:

SHRI………………….

S/O…………………..

R/O…………………………….                   COMPLAINANT

VERSUS

SHRI………………….

S/O SHRI……………

R/O…………………………….                          ACCUSED

P.S……………..

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT READ WITH SEC 420 IPC.

Most Respectfully showeth:

  1. THAT the complainant is dealing in the business of executing the work of interior and exterior decoration and the accused for the purpose of the said decoration work at his flat no………..engaged the complainant and availed the services of the complainant.
  2. THAT the accused in purported discharged of his legal liability to pay to the Complainant for the said services issued cheque bearing no……………..dated………..for Rs……………….drawn on…………………in favour of the complainant, with firm assurance that the said cheque will be honoured on their presentation and the complainant accepted the said cheque under good faith, belief and trust upon the accused.
  3. THAT as per the assurance and instructions of the account, the complainant presented the said cheque for encashment with his banker. But to the utter surprise of the complainant, the aforesaid cheque was returned unpaid by the banker of the accused vide cheque returning Memo dated…………..with the remarks INSUFFICIENCY OF FUNDS, as the accused had failed to make arrangement of funds in his bank account to meet the said cheque amount.
  4. THAT the complainant duly appraised the accused with the aforesaid facts of dishonoring of the said cheque issued by the accused in favour of the complainant and the complainant made demand of the cheque amount, but the accused again persuaded the complainant to present the said cheque again after……………….with assurance that the said cheque will be honoured by his banker.
  5. THAT Accordingly, at the instructions of the accused, the complainant again presented the said cheques with his banker on …………..but the said cheque was returned dishonoured by the banker of the accused with remarks INSUFFICIENCY OF FUNDS vide cheque returning memo dated…………….
  6. THAT the complainant duly appraised the accused with the aforesaid facts of dishonoring of the said cheque issued by the accused in favour of the complainant and the complainant made demand of the cheque amount, but the accused has failed to make the payment of the said cheque and refused to pay the cheque amount to the complainant.  The accused has issued the above said cheque in favour of the complainant towards the discharge of his legal debts/liability and the accused is the signatory of the said cheque.  The cheque amount is legally recoverable and enforceable cheque.  The cheque amount is legally recoverable and enforceable debt and liability of accused, but the accused turned a deaf ear.
  7. THAT finding no alternative, the complainant got issued a legal demand notice dated ………….to the accused through Advocate under Regd AD cover and Courier , Speed Post . The said notice was duly served upon the accused and the complainant received the AD card. But the accused even after service of the legal notice has neither complied with the notice nor has paid a single penny to the complainant, nor even replied the same.
  8. THAT the accused issued the aforesaid cheque to the complainant intentionally and deliberately our of his malafide and dishonest intention with intent to cheat the complainant and to defraud him knowing fully  will that he has not made sufficient funds arrangement to meet the said cheque. The accused has thus cheated the complainant and has played a calculated fraud upon the complainant and has committed a punishable offence u/s 138 of the Negotiable instrument act read with section 420 IPC for which he is liable to be prosecuted and punished.
  9. THAT the accused has committed the above offence within the jurisdiction of P.S……………….Delhi as his bank account is in ______ and, hence, this Hon’ble Court has territorial jurisdiction and is competent to cognizance of offence and to punish the accused.

PRAYER

It is, therefore, prayed that the accused person may kindly be summoned, tried and punished for the offence u/s 138 of the Negotiable Instrument Act read with Section 420 IPC.

Such other or further order(s) which this Hon’ble Court may deem fit and proper be also passed in favour of the complainant and against the accused person.

COMPLAINANT

THROUGH:

 

Vikas Pandey

Advocate

9717832755

DELHI

DATED:

 

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