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138 Negotiable Instruments Act Complaint Format to file complaint against return of cheque

Format of Petition under Section 138 of Negotiable Instruments Act against return of Cheque.

IN THE COURT OF _____________________________
COMPLAINT NO ___________ OF ________IN THE MATTER OF:

________________                COMPLAINANT
Mr. ________________________ACCUSED

P.S : ________


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.

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: ________


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