IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, --------------
CC NI ACT
No. ______ /20--
In Re: -
------------------ …Complainant
Versus
------------------
….Accused
INDEX
|
S.No. |
Description |
Pg No. |
|
1. |
Memo of Parties |
|
|
2. |
Complaint under section 138 of
Negotiable Instrument Act, 1881, along with affidavit. |
|
|
3. |
List of Witnesses |
|
|
4. |
List of Documents with documents |
|
|
5. |
Evidence by way of affidavit |
|
|
6. |
Vakalatnama |
|
Date: Filed by:
Delhi
ADVOCATE
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, --------------
CC NI ACT
No. ______ /20--
In Re: -
------------------ …Complainant
Versus
------------------
….Accused
MEMO
OF PARTIES
---------------
S/o ----------------,
R/o-------------
…Complainant
Versus
----------------
S/o------------------,
R/o----------
...Accused
Date: Filed by:
Delhi
ADVOCATE
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, --------------
CC NI ACT
No. ______ /20—
In Re: -
---------------
S/o ----------------,
R/o-------------
…Complainant
Versus
----------------
S/o------------------,
R/o----------
...Accused
A COMPLAINT UNDER SECTION 138 OF
NEGOTIABLE INSTRUMENTS ACT, 1881
Most Respectfully Showeth:
1. That the complainant is a senior
citizen and peace loving person residing at the above mentioned property with
his family.
2. That the complainant and the accused
are known to each other for the past --- years and in the month of ------, the
accused approached the complainant stating himself to be under severe financial
constraints and asked for some urgent requirement of Rs. --------- as a
friendly loan and promised the same shall be repaid within two and a half years.
3. That on believing the assurances and
old friendly relations, the complainant gave the payment of Rs. --------
through two-------.
4. That in the year 2023, after several
efforts and repeated reminders by the complainant, the accused in discharge of
his lawful liability to repay loan amount to my client issued the following
cheques:
5. That complainant had received the
aforesaid two cheques in good faith and in full confidence that the same will
be duly honored. However, when the aforesaid cheques were presented by
complainant, the cheque bearing no. -------were returned dishonored with the
remark --------vide returning memo dated ----------- was returned dishonored
with the remark ---------- respectively.
6. That complainant approached the accused
and informed him about the fate of the said cheques. However, the accused did
not pay any heed to demands of complainant for making good of the said payment.
7. That the said cheques were issued by
accused in discharge of his lawful liability to return the friendly loan of Rs.---------
to the complainant.
8. That a legal notice dated --------was
sent to the accused by Speed Post on --------whereby complainant had
specifically demanded the amount mentioned in the cheques which was dishonored.
The legal notice was received by the accused on ----------which is evident from
the tracking report. That, however, no reply is received by the complainant in
response of the aforesaid legal notice. The copy of legal notice, speed post
receipt, its tracking report is annexed with the present complaint.
9. That
despite the service of the legal notice, the accused had not paid the cheques’
amount within the stipulated time of 15 days. Thus, the accused have committed
an offence under section 138 of the Negotiable Instruments Act, 1881.
10. That from the very conduct of the
accused shows the mala-fide intentions from the very inception. That the
accused intended to evade his liability to return the loan amount to the
complainant and with complete knowledge of the same he had insufficient balance
in the account and other reason so that the cheques will certainly be
dishonored.
11. That
no other case has been filed by the complainant before any other court in
respect of the same cheques which is the subject matter of the present case.
12. That
this Hon’ble Court has the territorial jurisdiction to entertain and adjudicate
the present complaint since the complainant maintains his account in-------,
which is within the jurisdiction of P.S.----------.
13. That
the present complaint is being filed within the prescribed period of
limitation.
PRAYER
It is, therefore, most respectfully,
prayed before this Hon’ble Court may kindly summon, try and punish the accused
as per law, award the costs of the litigation in the favor of the complainant,
and pass any other and further order as deemed fit by this Hon’ble Court in the
interest of justice.
Date: ------- Complainant
Through
Advocate
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, --------------
CC NI ACT
No. ______ /20--
In Re: -
------------------ …Complainant
Versus
------------------
….Accused
AFFIDAVIT
I,
---------, S/o --------R/o---------,
do hereby solemnly affirm and declare as under:
1. That
I am the complainant in the present case and hence, I am well conversant with
the facts and circumstances of the present case and therefore competent to
swear the present affidavit.
2. That
the contents of the accompanying complaint are true and correct to the best of
my knowledge, and the accompanying complaint has been drafted by my counsels on
my instructions.
3. That
no other case pertaining to the same cheques, which is subject matter of
present case, is pending or has ever been filed by the complainant before any
other court.
DEPONENT
VERIFICATION:
Verified
at Delhi on this day of -----, that
the contents of the above affidavit are true and correct to the best of my
knowledge and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, --------------
CC NI ACT
No. ______ /20--
In Re: -
------------------ …Complainant
Versus
------------------
….Accused
LIST
OF WITNESSES
Date:
Delhi Complainant
Through
Advocate
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, --------------
CC NI ACT
No. ______ /20--
In Re: -
------------------ …Complainant
Versus
------------------
….Accused
LIST OF
DOCUMENTS
Date: Complainant
Delhi
Through
Advocate
