Affidavit for a Cheque Dishonour Complaint (India)
This template is an affidavit used in India to initiate a criminal complaint when a cheque has been dishonoured (bounced). It outlines the facts of the transaction, the reason for the cheque return, and the legal demand for payment made by the complainant to the accused.
Cheque Dishonoured Complaint Affidavit
IN THE COURT OF HON’BLE DUTY MAGISTRATE _____
_____ R/o _____
…..COMPLAINANT
VERSUS
1- _____,_____ Through its _____
2- _____, _____ of _____
…..ACCUSED
Criminal Complaint Under Section _____ Act read with section _____ of the Act & Under Section _____ I.P.C.
Police Station: _____
Sir,
The complainant most respectfully submits as under:-
1- That the complainant booked a plot with the accused size _____ Sq. Yards, in _____ project and the complainant deposited a sum of _____/- vide Cheque No. _____ date _____towards the booking amount of the said plot vide receipt No. _____ dated _____.
2- That after some time, it came to the knowledge and notice of the complainant that the said project has been failed and the complainant approached to the accused several time and requested them either to provide the plot or to return the amount in question with interest.
3- That after admitting his liability to repay the outstanding amount/booking amount, the accused No.2 being the _____ of the accused No.1 company, issued an account payee Cheque No. _____ dated _____ for _____ /- drawn on _____ in favour of the complainant with the assurance that the said Cheque will be encash on presentation.
4- That the complainant presented the said Cheques for encashment through its Banker i.e. _____ Branch but to the utter surprise of the complainant the above-said Cheque was dishonoured by the banker of the accused i.e _____ due to the reason “_____” vide _____ Cheque return Memos dated _____ which was received by the complainant from his banker on or about _____.
5- That at the time of issuing the above mentioned Cheques the accused were well aware that the said Cheques would be dishonoured due to the _____ as the accused had no sufficient amount in their Bank Account to encash the same. Thus the accused have committed an offence Under Section _____ of the _____ read with section _____ of the Act and Under Section _____ of _____ Penal Code as the accused issued these false and bogus Cheques intentionally to Cheat the complainant and the accused are liable to be punished and prosecuted as per the provisions of the Act.
6- That the complainant sent a legal Notice dated _____ through registered A.D. calling upon the accused to make the payment of bounced Cheque to the complainant within __ days of receipt of this legal notice. But after receiving these legal Notice neither the accused made the payment nor send the reply of the legal Notices to the complainant.
7- That complainant has been residing at _____, the banker of the complainant is also situated at _____ and thus entire cause of action accrued in favour of the complainant at _____ within the territorial jurisdiction of this Hon’ble court and therefore this Hon’ble court has got the jurisdiction to entertain and try the present complaint.
PRAYER:-
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About this template
What is this template?
This document is a sworn testimony by the complainant to be filed as evidence-in-chief in a Magistrate's court. It is not the complaint itself but the formal verification of the facts supporting the criminal charge. It specifically includes details of the return memo and the postal receipt of the demand notice.
When should you use it?
Use this document when filing a criminal case for a bounced cheque in an Indian court after the 15-day notice period has expired. Use a Statutory Demand Notice instead if you have not yet notified the debtor of the dishonour.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Introduction and Verification | The deponent states their identity, residence, and confirms they are the person filing the complaint under Section 138 of the Negotiable Instruments Act. |
| 2 | Details of the Transaction | The deponent describes the specific liability or debt for which the cheque was issued, citing the date and nature of the transaction. |
| 3-4 | Cheque Presentation and Return | It specifies the cheque number, bank details, and the date it was returned with a memo stating insufficient funds or other reasons. |
| 5-6 | Legal Notice and Non-Payment | The deponent confirms a legal demand notice was sent within 30 days and the accused failed to pay within the 15-day statutory period. |
Who it's for
- a payee in India whose bank returned a cheque unpaid due to insufficient funds
- a person preparing evidence for a criminal complaint under the Negotiable Instruments Act
- a creditor seeking to prove the service of a statutory demand notice to a debtor
How long it runs and how it's signed
Law it's drafted under
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