138 N.I.Act Complaint

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This one is the sample complaint under Cr.P.C and N.I.Act,India

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IN THE COURT OF THE JMFC AT _______________________ C.C NO. Between: "Complainant name and full Address," AND "Accused name and full address" ... Accused ... Complainant OF 2009 Complaint Under Sec. 200 of Cr.P.C. R/w 138 & 142 of the N.I.Act ; The Complainant humbly begs to state and submit as follows:1. The addresses of the parties are correctly set out in the foregoing cause title. The Complainant may also be served through its counsels,________ for the purpose of Court Summons, Notices etc., from this Hon'ble Court. The Complainant respectfully submits that 2. The Accused is the relative of the complainant. And he was in business with the complainant for more than 10 years. 3. That the Accused approached the complainant on __________ and requested him to give hand loan of Rs._________ for his best necessities. 4. That the Accused issued a cheque bearing no. ________, dated____________drawn on _______ bank in favor of the complainant assuring him that the cheque would be honored when it is presented to the bank. 1 5. When the aforementioned cheque was presented for encashment to the Bank on ___________, the same was dishonored with the remark "Funds Insufficient". 6. the Complainant through its Advocates issued Legal Notice dated __________ to the Accused u/s 138 (b) of the N.I. Act, 1881, demanding the Accused to pay the dishonoured cheques amount within fifteen days from the date of the receipt of the notice. The said demand notice was sent by registered post acknowledgement due to the Accused. 7. The Complainant further states that the Accused inspite of the demand Notice, failed and neglected to settle the amount due even after the expiry of fifteen days from the date of receipt of the Notice. 8. Thus, it is evident that the Accused had issued the cheque knowing fully well that there was no sufficient amount in his Bank account for honouring the Cheque. This act of the Accused renders himself liable to be prosecuted under the Provisions of the N.I Act, 1881, as amended upto date. 9. That the Complaint is filed in time within one month from the date of expiry of fifteen days after the service of demand Notice. 10. Jurisdiction: This Hon'ble Court is having Jurisdiction to try the case since the Complainant Banker- _________ Bank which is situated at _________ which comes under P.S.__________ which falls well within the Jurisdiction of this Hon'ble Court. 11. Court Fee: complainant. 12. The Complainant will relay upon the documents and witnesses, lists whereof are annexed herewith. The fixed court fee of Rs.2/- is being paid by the 2 PRAYER WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to (a) register the case by issuing stringent process of this Hon'ble Court: (b) that the Accused may be severely dealt with by imprisonment and fine as provided under law, (c) Order for payment of compensation out of the fine amount under section 357 of Cr.P.C. and (d) award cheque amount as compensation. For this act of kindness, the Complainant shall ever pray. Dated: dd.mm.yyyy Identified and Explained by me. Sadanand Naik Advocate for Complainant COMPLAINANT VERIFICATION I, _____________, the complainant do hereby state and verify that this is my name and signature and the facts stated hereinabove are true and correct to the best of my knowledge, information and belief. Vasco-da-Gama DATE :dd.mm.yyyy COMPLAINANT 3

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