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COMPLAINT
CASE NO__ OF 20XX
In Re:
XXX Complainant
Versus
XXX Respondent/Accused
INDEX
SL.NO
PARTICULARS
PAGES COURT FEE
________________________________________________________________
1.
Complaint u/s 138,141,142,117 of the
Negotiable
Instrument Act
2.
List of witness
3.
Affidavit in evidence in support of the
complaint
4.
Affidavit of non filling
5.
List of documents with documents
6.
Vakalatnama
_______________________________________________
Delhi Complainant
Dated: Through
(XXX & Associates)
Advocates
Office – XXX
Mob - XXX
MAIL - XXX
COMPLAINT CASE NO__ OF 20XX
In Re:
XXXX Complainant
Versus
XXXX Respondent/Accused
MEMO OF PARTIES
XXXX
S/o XXXX
Office at: XXXXX Complainant
Versus
XXXX
S/o XXXX
Office- XXXX
Also at:
1.R/o - XXXX
2.R/o - XXXX Respondent/Accused
Delhi
Dated: Through
(XXX &
Associates)
Advocates
Office – XXX
Mob - XXX
MAIL - XXX
COMPLAINT CASE NO__ OF 20XX
In Re:
XXXX
S/o XXXX
Office -XXX Complainant
Versus
XXXX
S/o XXXX
Office - XXX
Also at:
1.R/o - XXXX
2.R/o - XXXX Accused/Respondent
P.S. – XXXX
COMPLAINT U/S 138,141,142,117OF THE NEGOTIABLE INSTRUMENT ACT
Most Respectfully Showeth: -
1.
That the complainant is a law-abiding
citizen of India and a practicing advocate in Delhi and office at ____________XXX.
2. THAT
the complainant is a practicing advocate and the accused engaged the complainant
for the purpose of different matters e.g. accused engaged the complainant for
filing, pursuing, and appearing in the anticipatory bail petitions for and on
behalf of accused in case U/s 420 IPC before XXXX, Hon’ble District Judge at
Rohini Courts, Delhi, and arbitration case and consumer case at XXXX, Delhi and
also Complainant visited several times to accused at ______________, Delhi for
legal consultancy taken by accused from complainant time to time.
3. THAT
accused agreed to pay the aforesaid professional fee and expenses to
complainant for the said various matters as mentioned above. With the effort of
complainant, accused were granted conditional anticipatory bail in the above-mentioned
case.
4. THAT
out of the said total agreed professional fee and other expenses accused had
made an advance payment of Rs. _________/- through cheque which was accordingly
encashed. Thereafter accused have further issued a cheque bearing no.0000000
dated 0X.XX.20XX for Rs.XXXX/- drawn on Bank of XXX, __________, Delhi. in favor
of complainant towards the discharge of accused legal liability to pay the
further part payment of the said due and outstanding professional fee and
expenses accused issued the said cheque from accused a/c no. XXXXXXXXX being
the sole proprietor of ___________. of the said firm.
5. That
accused further assured complainant that the said cheque is good for payment
and will be encashed on its presentation by your banker and my client accepted
the said cheque under good faith, belief and trust upon accused. Accused
further promised to pay the remaining fee and expenses to the complainant which
the complainant reserves the right to file recovery case against accused in
future.
6. That
as per accused instruction and assurance complainant presented the said cheque
for encashment with his _______________, but said cheque was returned
dishonored by accused banker with remarks “FUNDS
INSUFFICIENT” vide cheque returning memo dated X.XX.20XX and complainant
was informed by his banker. Previously the said cheque was returned dishonored
vide cheque returning Memo dated X.XX.20XX and upon accused request and promise
complainant presented the said cheque retuning again but the same was returned
dishonored vide cheque returning Memo dated XX.XX.20XX.
7. That
complainant duly informed accused with the aforesaid facts of dishonoring of
the said cheque issued by the accused in favor of complainant and complainant
made a demand of the said cheque amount, but the accused failed to make the
payment of the said cheque to the complainant.
8. That
complainant duly informed respondent/accused with the aforesaid facts of
dishonoring of the said cheque issued by the respondent/accused in favor of complainant
and complainant made demand of the said cheque amount, but respondent/accused
have failed to make the payment of the said cheque to the complainant.
9. That
on receipt of the dishonored cheque, the complainant has got issued notice of
demand dated X.XX.20XX to the respondent/accused through XXXX________,
Advocate. The notice was sent to the
accused by the Speed Post & through Courier dated 0.XX.20XX, and the notice
was duly delivered and the delivery report of the Speed Post is attached in
this complaint.
10. That
the accused has committed an offense punishable under section 138 read with
section 117(c) of the Negotiable Instrument Act, as amended up to date and the
respondent is liable to be proceeded against as per law and the deponent
reserves his right to initiate the recovery proceedings in the Civil Court of
Law.
11. THAT
from accused above act and conduct it has become clear that accused issued the
said cheque with dishonest and fraudulent intentions, and accused have
intentionally and deliberately issued the said cheque to the complainant that
the said cheque may not be encashed in favor of the complainant as accused
failed to arrange sufficient funds in his bank account, hence accused have
committed an offence punishable Section 138 read with Section 117(c) of the
Negotiable Instrument Act, as amended up to date.
It is therefore,
respectfully prayed that the accused above both named may be summoned and tried
having committed the offence under section 138 of Negotiable Instrument Act and
may be punished according to law and the complainant may be compensated in the
interest of Justice.
Complainant
Through
(XXX & Associates)
Advocates
Office – XXX
Mob - XXX
MAIL - XXX
COMPLAINT CASE NO__ OF 20XX
In Re:
XXXX
S/o XXXX
Office at: XXXX
…Complainant
Versus
XXXX
S/o XXXX
Office - XXXX
Also at:
1.R/o - XXXX
2.R/o - XXXX …Accused/Respondent
LIST OF WITNESSES
1. Complainant
2. Clerk/
Manager/ Authorized Person of Bank
of ______,
3. Clerk/Manager/Authorized
Person of____________,
4. Clerk
/ Post Master of Post Office.
5. Any
other witness which may be required with the permission of the Hon’ble Court.
Complainant
Dated-0X.0X.20XX
Delhi Through
(XXX &
Associates)
Advocates
Office – XXX
Mob - XXX
MAIL - XXX
COMPLAINT CASE NO__ OF 20XX
In Re:
XXXX Complainant
S/o XXXX
Office at: XXXX
Versus
XXXX
S/o XXXX
R/o XXXX
Also at:
1.R/o - XXXX
2.R/o - XXXX Accused/Respondent
AFFIDAVIT IN EVIDENCE
Affidavit of XXXX S/o XXXX office at: ______________________________, I, the above-named deponent do hereby solemnly affirm and declare as under:
1.
That the Deponent/Complainant is a law-abiding
citizen of India and a practicing advocate office at ___________________________.
2. THAT
the deponent/complainant is a practicing advocate and the respondent/accused
engaged the deponent/complainant for the purpose of different matters e.g. respondent/accused
engaged deponent/complainant for filing, pursuing and appearing in the
anticipatory bail petitions for and on behalf of respondent/accused in case U/s
420 IPC before XXX, Hon’ble District Judge at ______, Delhi and arbitration
case and consumer case at __________ and also deponent/complainant visited
several times to respondent/accused at _________ & _________________ for
legal consultancy and other advise taken by accused from deponent/complainant
time to time.
3. THAT
respondent/accused agreed to pay the aforesaid professional fee and expenses to
deponent/complainant for the said various matters as mentioned above with the
effort of deponent/complainant, respondent/accused were granted conditional
anticipatory bail in the above-mentioned case.
4. THAT
out of the said total agreed professional fee and other expenses respondent/accused
had made an advance payment of Rs. _______/- through cheque which was
accordingly encashed. Thereafter respondent/accused have further issued a
cheque bearing no. 0000000 dated XX.XX.20XX for Rs.___________/- drawn on Bank
of _____, __________, Delhi in favor of deponent/complainant towards the
discharge of respondent/accused legal liability to pay the further part payment
of the said due and outstanding professional fee and expenses respondent/accused
issued the said cheque from respondent/accused a/c no. ___________________
being the sole proprietor of XXXXXXXXXXX Studies as the prop. of the said firm.
The said cheque is Ex. XX.
5. That
respondent/accused further assured deponent/complainant that the said cheque is
good for payment and will be encashed on its presentation by his banker and deponent/complainant
accepted the said cheque under good faith, belief and trust upon respondent/accused.
Respondent/Accused further promised to pay the remaining fee and expenses to
the deponent/complainant which the deponent/complainant reserves the right to
file recovery case against respondent/accused in future.
6. That
as per respondent/accused’s instruction and assurance deponent/complainant
presented the said cheque for encashment with his banker, Punjab National Bank,
Lawrence Road, Delhi, but said cheque was returned dishonored by respondent/accused
banker with remarks “FUNDS INSUFFICIENT”
vide cheque returning memo dated XX.XX.20XX and deponent/complainant was
informed by his banker. Previously the said cheque was returned dishonored vide
cheque returning Memo dated X.XX.20XX and upon respondent/accused requested and
promised to deponent/complainant to presented the said cheque retuning again but
the same was returned dishonored vide cheque returning Memo dated X.XX.20XX.
The cheque returned memo dated 0X.XX.20XX is Ex. X, the cheque returned memo
dated 0X.XX.20XX is Ex. CW-XX.
7. That
deponent/complainant duly informed respondent/accused with the aforesaid facts
of dishonoring of the said cheque issued by the respondent/accused in favor of deponent/complainant
and deponent/complainant made demand of the said cheque amount, but respondent/accused
have failed to make the payment of the said cheque to the deponent/complainant.
8.
That
on receipt of the dishonored cheques the deponent/complainant has got issued
notice of demand dated 0X.XX.20XX to the respondent/accused through XXXXX,
Advocate. The notice was sent to the accused by the Speed Post & Courier dated
0X.XX.20XX, and the notice was duly delivered. The Legal notice dated 0X.XX.20XX
is Ex. X, the Speed Post receipts dated XX.XX.20XX are Ex. CW-XX to Ex. CW- XX
& Courier receipt Ex. CW- XX to Ex. CW- XX & the internet receipt of
delivery report for speed post is Ex. CW-XX to Ex. CW -XX.
9.
That
the accused has committed an offence punishable under section 138 read with
section 117(c) of the Negotiable Instrument Act, as amended upto date, hence
the present complaint which is Ex. CW- XX.
10. That the respondent is liable to be proceeded against as per law and the deponent reserves his right to initiate the recovery proceedings in the Civil Court of Law.
Deponent
Verification:
Verified at Delhi on this day of XX XX, 20XX that the contents of Para 1 to 10 of the above affidavit are true and correct on the best of my knowledge and belief and nothing has been concealed there from. Deponent
COMPLAINT CASE NO__ OF 20XX
In Re:
XXX Complainant
Versus
XXX Respondent/Accused
AFFIDAVIT OF NON FILING
Affidavit of XXX S/o XXX office at _______________. the above named deponent, do hereby solemnly affirm and declare as under: -
1. THAT I am the complainant and I am well conversant with the facts of the case and competent to sweat this affidavit.
2. THAT I hereby state that no other complaint u/s 138 Negotiable Instrument Act has been filled by the complainant against the accused in respect of cheque bearing no.0000000 dated 00.XX.20XX for Rs. ______/- drawn on Bank of _______, _______________, or any other criminal case relating to the said cheques are pending or filed before any other court of law.
3. THAT it is my true and correct statement.
DEPONENT
Verification:
Verified at Delhi on this XX day of XX, 20XX that the contents are true and correct and nothing has been concealed there from.
DEPONENT
COMPLAINT CASE NO__ OF 20XX
In Re:
XXXX Complainant
Versus
XXXX
…Accused/Respondent
LIST OF DOCUMENTS
Sl.No. Particulars
_______________________________________________________________
Complainant
Dated: - XX.0X.20XX Through
Delhi:
(XXX & Associates)
Advocates
Office – XXX
Mob - XXX
MAIL - XXX
