section 138 of Negotiable Instruments Act, 1881
jayesh
(Querist) 16 March 2009
This query is : Resolved
Draft a complaint with appropriate relief in a proper Court for dishonour of a
cheque of Rs. 50,000 under Section 138 Negotiable Instruments Act, 1881 on
assumed facts.
adv. rajeev ( rajoo )
(Expert) 16 March 2009
In this the complainant begs to file the complaint as under
That accused took a hand loan of Rs50000 from the complainant for his family necessity/business necessity with a condition that whenever complainant demands it will be repaid
But accused went on postponing it one or the other reasons. Complainant again demanded to repay the taken hand loan then accused issued a cheque No of bank dt. for Rs50,000 and instructed the complainant present the cheque for encashment
Keeping faith on the accused complainant presented the cheque for encashment thru, his banker which came to be dishonoured for want of sufficient funds in the accused bank account
Immediately complainant informed the fate of the cheque but accused kept quiet. as such complainant got issued a legal notice to the accused to repay the taken hand loan within 15 days from the date of receipt of the notice. but accused inspite of receiving the notice kept quiet. as such complainant constrained to file this complaint.
Knowing full well that his account holds no sufficient funds, he issued a cheque to clear his legally payable debt to the complainant
By issuing a bogus cheque accused has commiited an offence u/s 138 of NI act
Hence complainanant most humbly prays
That cognizance of the case may kindly be taken by registereing the case and accused may kindly punished in accordance with law. This is gist of the format u/s 138 of NI ACt u can add some more facts.
jayesh
(Querist) 16 March 2009
ok thanks a lot
RAKHI BUDHIRAJA ADVOCATE
(Expert) 18 March 2009
I think this is the repeated query for which I've already replied but still the draft of the complaint as infra:-
In The Court of Chief Metropolitan Magistrate, Rohini Courts, Rohini, Delhi
Complaint Case No.------------------of 200-------
In The Matter of: -
A ----------------------------Complainant
Versus
B ----------------------------Accused
INDEX
Sr. No. Particulars Page no. Court-Fees
01. Memo of parties
02. Complaint
03. Evidence by way of affidavit
04. List of witnesses
05. Vakalatnama
Delhi
Dated: -
Complainant
Through
Advocate
In The Court of Chief Metropolitan Magistrate, Rohini Courts, Rohini, Delhi
Complaint Case No.------------------of 200-------
In The Matter of: -
A ----------------------------Complainant
Versus
B ----------------------------Accused
Memo of Parties
A
S/O------------
R/O---------------- Complainant
Versus
B
S/o----------
R/o---------------- Accused
Delhi
Dated
Complainant
Through
Advocate
In The Court of Chief Metropolitan Magistrate, Rohini Courts, Rohini, Delhi
Complaint Case No.------------------of 200---------
In The Matter of: -
A ------------------------Complainant
Versus
B -------------------------------Accused
P.S.----------------------
Complaint U/Ss 138 & 142 of The Negotiable Instruments Act, 1881, ( As A mended Up-To Date)
Most respectfully showeth as infra: -
1) That the complainant is a law abiding citizen & is residing at the above given address;
2) That the accused is working as a Manager in METLIFE, residing at the above mentioned address, was having the friendly relations with the complainant;
3) That the accused was in great need of money & shown his hardship in money to the complainant & instigated the complainant to help him in those circumstances & approached for the loan. Keeping trust upon the accused, the complainant provided him a loan of Rs. 50,000/- (Rs. Fifty Thousand only), on dated 08/09/06, from the complainant; (Mention the actual reason)
4) That the complainant states that after expiry of the aforesaid period (two months), the complainant made a demand of the loan amount, which was not paid back by the accused. After again & again demands of the repayment of the loan amount by the complainant, the accused issued a cheque, bearing no. 268627, amounting Rs. 2,01,400/- (Rs. Two Lacs One Thousand Four Hundred Only) drawn on, HDFC Bank Ltd., , in favor of the complainant, to discharge his liability with respect to the said loan amount. While issuing the said cheque the accused assured the complainant that the cheque will be honored on its presentation;
5) That the complainant states that the cheque, issued by the accused, was presented by the complainant for encashment on dated 30/11/06, with his bank “ The Vaish Co-operative New Bank Ltd.” But the same was received back on dated 02/12/06 to the
complainant with the cheque-returning memo with the comments “ ACCOUNT CLOSED”. The accused has issued the said cheque to harass & cheat the complainant, knowingly, intentionally & deliberately;
6) That the complainant immediately thereafter/dishonor of the cheque contacted the accused & intimated him about the fate/dishonoring of the cheque but the accused d
SANJAY DIXIT
(Expert) 23 March 2009
Go through "share file" section of this site and you will get a help in this regard.
