Complaint Against Cheque Dishonour (India) by OLL
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COMPLAINT AGAINST CHEQUE DISHONOUR
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IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT_____________
Cr. Complaint No._______of ________.
__________________
……………Complainant.
Versus
__________________
…………Accused/Respdt.
Complaint Under section 138 and 142 of the Negotiable Instrument Act, 1881.
Respectfully Showeth:-
That the accused issued one cheque bearing No. _____________ dated________ for a sum of Rs. ____________________drawn on ______________________ for a lawful valuable consideration in discharge of his liability in favour of the complainant.
2. That the complainant presented the said cheque lastly on _______________ which was
returned unpaid by drawee Bank vide returning Memo dated _________________ for the
reasons `Insufficient Funds`. The said cheque was presented within its validity period and
stood dishonoured on presentation.
3. That the complainant got a notice issued through his counsel dated ______ _____under registered AD cover and UPC to the accused demanding the amount of the dishonoured cheques within 15 days of the receipt thereof which was duly served upon him on(Da te) ____________. It is submitted that the Registered cover containing the notice was received back as unclaimed as the accused has deliberately avoided the service of the notice, however the notice sent through UPC stood served upon the accused on (Date)__________, the copy of notice with postal receipt/ UPC and envelop containing notice is filed with the complaint.
4. That the accused person has not cared to make the payment of the amount
of dishonoured cheques to the complainant within 15 days as required under the law as
demanded in the notice.
5. That the cause of action for filing the complaint arose to the complainant with in the
jurisdiction of this learned court when the accused failed to make the payment of
the cheques in dispute to the complainant with in 15 days of the receipt of notice.
6. That the accused is guilty of an offence under section 138 of the Negotiable Instrument Act,
1881 and is liable to be punished under section 142 of the said Act.
It is, therefore, prayed that the accused person be proceeded against and punished in
accordance with law as envisaged under section 142 of the Negotiable Instrument Act in
accordance with law.
Complainant
Through
Advocates
Place: __________
Dated: _________
List of Documents attached:-
1. Original dishonouredcheque No. ______ dated ________ for Rs._______ drawn on
_________________
2. Original returning Memos of the drawee Bank dated ________
3. copy of Notice dated _________.
4. Postal and UPC receipt dated _________ and envelop containing notice.
List Witnesses:-
Complainant.
Concerned officers of the _____________________ with the records pertaining to the _____________________ of the accused regarding dishonoured cheque No._________ for Rs. _______.
AFFIDAVIT
I (Name)___________________________ s/o Shri ________________________ aged _______ years, r/o__________________________________ do hereby solemnly affirm and declare on oath that the contents of the accompanied application from para 1 to 6 are true and correct to my personal knowledge and belief and that nothing false is stated therein and also nothing material is concealed there from.
This is a preview. The full template is free on GitLaw.
This template provides a standard format for filing a criminal complaint in an Indian court regarding a dishonoured cheque. It includes necessary sections for detailing the cheque information, the reason for return, the legal notice served to the accused, and a supporting affidavit.
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About this template
What is this template?
This is a formal criminal complaint and supporting affidavit used to initiate prosecution in an Indian magistrate court. It specifically addresses cheque bouncing under the Negotiable Instruments Act and is not a civil suit for debt recovery. It contains a list of required evidence including the original cheque, returning memo, and postal receipts.
When should you use it?
Use this when a cheque is returned for insufficient funds and the drawer fails to pay within 15 days of a formal notice. Use a Summary Suit under Order XXXVII of the CPC instead if the primary goal is a civil debt recovery judgment rather than criminal prosecution.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Liability and Consideration | States that the Accused issued a specific cheque for a lawful valuable consideration to discharge a liability to the Complainant. |
| 2 | Dishonour for Insufficient Funds | Records that the drawee Bank returned the cheque unpaid specifically citing the reason Insufficient Funds during the validity period. |
| 3 | Statutory Notice | Confirms the Complainant sent a notice via registered AD and UPC demanding payment within 15 days of receipt. |
| 4 | Failure to Pay | Asserts the Accused failed to make the payment within the mandatory 15-day window required under Indian law. |
| 6 | Prayer for Punishment | Requests the Court of Chief Judicial Magistrate punish the Accused under Section 142 of the Negotiable Instruments Act 1881. |
Who it's for
- a payee in India holding a cheque returned for insufficient funds by the drawee bank
- a legal practitioner filing a criminal complaint in the Court of Chief Judicial Magistrate
- a creditor who has already served a 15-day statutory demand notice without receiving payment
How long it runs and how it's signed
Law it's drafted under
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