Written Arguments Format for Section 138 NI Act Cheque Bounce Complaints

IN THE COURT OF THE LEARNED METROPOLITAN MAGISTRATE (NI ACT)
SOUTH-EAST DISTRICT, SAKET COURTS, NEW DELHI

Complaint Case No. ________ of 20____
CNR No. __________________

In the matter of:
Mr./Ms. __________________ — Complainant
Versus
Mr./Ms. __________________ — Accused

Police Station (if recorded): __________
Next date of hearing: __________

MEMORANDUM OF WRITTEN ARGUMENTS ON BEHALF OF THE COMPLAINANT

Under Section 352 BNSS, 2023 / Section 314 CrPC, 1973, as applicable

Most respectfully submitted:

1. Nature of complaint. The complainant instituted the present complaint alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, on account of dishonour of cheque(s) issued by the accused towards a legally enforceable debt or liability.

2. Background of the transaction. In __________ 20____, the accused approached the complainant in connection with recruitment of approximately 50 staff members for overseas placement in Qatar. The accused sought a refundable security deposit of Rs. __________ per candidate and represented that recruitment would be completed within 45 days, failing which the deposit would be refunded, subject to the parties' actual agreement and the evidence on record.

3. Payment of security deposit. Relying on the agreed terms, the complainant paid Rs. __________ in instalments towards recruitment of 29 nurses at Rs. __________ per candidate. The payment dates, bank transfers, receipts and supporting documents are set out in Exhibit(s) __________.

4. Issue of cheques. Towards repayment of the refundable amount upon failure of the agreed recruitment arrangement, the accused issued the following cheques drawn on __________________ Bank, account No. __________, in favour of the complainant:

5. Maturity of liability. The promised recruitment was not completed within the agreed period, and the refundable deposit became payable under the proved terms of the transaction. The complainant relies on the agreement, correspondence and testimony marked as Exhibit(s) __________ to establish that the amount represented by the cheque(s) was legally enforceable when presented.

6. Presentation and dishonour. The complainant presented the cheque(s) through __________________ Bank within the applicable validity period. The cheque(s) were returned unpaid by bank memo(s) dated __________ with the endorsement __________, including, where established, "Account Closed". The cheque(s) and return memo(s) are Exhibit(s) __________.

7. Statutory notice and failure to pay. Within 30 days of receiving information of dishonour, the complainant issued a written demand notice dated __________ claiming payment of the cheque amount. The notice was dispatched by registered post / speed post / other proved means, tracking No. __________, and was served or is deemed served on __________ on the evidence. The accused failed to pay the cheque amount within 15 days of receipt of the notice.

8. Limitation and jurisdiction. The cause of action arose after expiry of the statutory 15-day period. The complaint was instituted on __________ within the period prescribed by Section 142(1)(b), or the delay was condoned by order dated __________. This court has jurisdiction under Section 142(2) because __________________ [state the correct statutory bank-branch basis, not merely the place where the cheque was issued].

9. Presumptions and proof. The complainant relies on Sections 118(a) and 139 of the Act. The accused's signature and execution / drawing of the cheque(s) are proved by __________ [identify admission, documents or evidence]. The statutory presumptions therefore arise, subject to rebuttal. The defence evidence and cross-examination do not, for the reasons set out below, establish a probable defence sufficient to rebut them.

10. Response to the defence. The accused has contended that __________________. This contention is answered by __________________ [refer to exact admissions, cross-examination passages and exhibits]. If the cheques were described as security cheques, the complainant submits that the refund obligation had crystallised before presentation and had not been discharged, as shown by __________________.

11. Procedural history, where relevant. The original complaint was filed on __________ under Complaint No. __________. Following orders relating to territorial jurisdiction, the matter was transferred from __________ to __________ and subsequently registered before this court on __________ as Case No. __________. Any reliance on Dashrath Rupsingh Rathod v. State of Maharashtra must be read with the subsequent statutory amendments introducing Sections 142(2) and 142A. The actual transfer orders are Exhibit(s) / order-sheet pages __________.

12. Attendance and adjournments, if supported by the record. The accused did not appear on the following dates: __________. Summons, bailable warrants or non-bailable warrants were issued by orders dated __________. The complainant relies on the certified order sheets only to explain the progress of the trial and any specific procedural relief sought, not as independent proof of the ingredients of Section 138.

13. Medical exemption and court directions, if relevant. The accused sought exemption on medical grounds by application(s) dated __________. By order dated __________, the court considered the documents and directed __________, including, where borne out by the record, the examination of the treating doctor. The complainant relies on the exact orders and their subsequent compliance status, without making unsupported allegations regarding the accused's health.

14. Evidence and cross-examination. Complainant evidence was recorded on __________ and defence evidence was listed on __________. The accused moved an application under Section 145(2) of the NI Act on __________, to which the complainant replied on __________. Any application to recall a witness under Section 311 CrPC or the corresponding applicable BNSS provision was decided by order dated __________. The complainant relies on the final evidentiary record and the court's orders, not on unproved statements in interlocutory applications.

15. Satisfaction of the statutory ingredients. The cheque(s) were drawn by the accused on an account maintained by the accused; they were issued towards an enforceable liability; they were presented within validity; they were returned unpaid; the statutory demand notice was sent within time; payment was not made within 15 days after receipt; and the complaint was filed within the applicable limitation period before a court having jurisdiction. Each ingredient is supported by the evidence identified above.

16. Bank return memo. The bank's return memo attracts the evidentiary rule in Section 146 of the Act, subject to proof to the contrary. The accused has / has not disputed the bank endorsement, for the reasons appearing at __________.

17. Relief. In view of the evidence and applicable presumptions, the complainant respectfully submits that the offence under Section 138 is established beyond reasonable doubt and prays for conviction in accordance with law. The complainant further seeks an appropriate sentence, fine and lawful compensation / payment order, having regard to Section 138 of the NI Act and the applicable criminal-procedure compensation provision, without treating twice the cheque amount as mandatory compensation.

PRAYER
It is therefore respectfully prayed that this Hon'ble Court may: (a) find the accused guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881, if the evidence so warrants; (b) pass appropriate orders regarding sentence, fine and compensation in accordance with law; and (c) pass any other order deemed just and proper.

Filed through:

________________________
Advocate for the Complainant

Date: __________
Place: New Delhi

Copy furnished to the opposite party on: __________