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Cheque Bounce Complaint to Magistrate (Sections 138/142, Negotiable Instruments Act)

At a glance

Price
Free
Stamp duty
No stamp duty is payable on this complaint in Punjab or in Chandigarh — a criminal complaint is not an instrument within section 2(14) of the Indian Stamp Act, 1899, and creates or transfers no right; it asks a Magistrate to take cognizance of an offence.
Registration
Not registrable in either place.
Witnesses
No attesting witness signs the complaint.

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Also called

  • Section 138 Complaint
  • NI Act Complaint
  • Criminal Complaint for Cheque Dishonour
  • Complaint under Section 200 CrPC/BNSS for Cheque Bounce
  • चेक बाउंस शिकायत
  • धारा 138 शिकायत
  • ਚੈੱਕ ਬਾਊਂਸ ਸ਼ਿਕਾਇਤ

When you need it

The drawer of a bounced cheque has been sent a written demand under section 138 of the Negotiable Instruments Act, 1881 — use the Cheque Dishonour Legal Notice for that, if it has not gone out yet — and has let the fifteen days from receiving that notice pass without paying the cheque amount in full. This is the criminal complaint that follows: filed before the Judicial Magistrate First Class (or Metropolitan Magistrate) having jurisdiction, asking the court to take cognizance of the offence under section 138 and to summon the drawer.

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Section 142(1)(b) of the Act requires this complaint to be made within one month of the date the cause of action arises — the day after the fifteen days given in the notice expire — though the proviso lets the Magistrate take a later complaint if the complainant shows sufficient cause for the delay. Work out that one-month date before filing, and if it has passed, be ready to explain the delay; this template asks you to record which position you are in rather than assuming the point away. Not for the demand notice itself, which is a separate, earlier document — use the Cheque Dishonour Legal Notice for that. Not for a cheque that was never followed by a section 138 notice at all: without that notice having gone out within thirty days of learning of the return, no offence under section 138 arises and this complaint has nothing to stand on.

Whether you can fill this in here

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You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

No stamp duty is payable on this complaint in Punjab or in Chandigarh — a criminal complaint is not an instrument within section 2(14) of the Indian Stamp Act, 1899, and creates or transfers no right; it asks a Magistrate to take cognizance of an offence.

Registration

Not registrable in either place. No clause of section 17 of the Registration Act, 1908 reaches a criminal complaint, and this document is filed with the court's own registry rather than with a Sub-Registrar.

Notarisation

The complaint itself is not notarised. What section 145 of the Negotiable Instruments Act, 1881 lets the Complainant do instead is give evidence by way of affidavit, which is then sworn before the court's own oath commissioner, a notary, or the Magistrate at the time of filing — confirm which the particular court's filing counter wants.

Witnesses

No attesting witness signs the complaint. The Complainant's own sworn statement, taken on oath under section 200 of the applicable criminal procedure code (see lawyerShouldCheck on the Code of Criminal Procedure, 1973 to Bharatiya Nagarik Suraksha Sanhita, 2023 transition) or filed as a section 145 affidavit, is what the Magistrate examines before deciding whether to issue process.

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Sample preview — placeholder answers, not your data

IN THE COURT OF THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS, LUDHIANA

IN THE MATTER OF SECTIONS 138 AND 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

BETWEEN

Harjinder Singh Gill, son of Sh. Baldev Singh Gill, resident of House No. 214, Model Town Extension, Ludhiana 141002, represented by X ... COMPLAINANT

AND

Bhullar Agro Implements Private Limited, of Plot 38, Focal Point, Phase V, Ludhiana 141010 ... ACCUSED

COMPLAINT UNDER SECTION 200 OF THE APPLICABLE CRIMINAL PROCEDURE CODE READ WITH SECTIONS 138 AND 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

MOST RESPECTFULLY SHOWETH:

  1. 1. That the Accused, for consideration, issued to the Complainant a cheque bearing No. 004517 dated 1 April 2026 for ₹11,80,000 (Rupees Eleven Lakh Eighty Thousand only), drawn on State Bank of India, Focal Point Branch, Ludhiana, towards the following debt or liability: Supply of 40 tonnes of hot-rolled steel sheets against purchase order No. BAI/PO/2026/118 dated 14 May 2026, invoice No. HSG/26-27/041 dated 20 May 2026.
  1. 2. That the Complainant presented the said cheque for encashment through HDFC Bank, Model Town Branch, Ludhiana, and the cheque was returned unpaid vide return memo dated 2 April 2026, for the reason: "Funds insufficient".
  1. 3. That the Complainant received the said return memo on 3 April 2026, and within thirty days of that date, caused a legal notice dated 4 April 2026 to be issued to the Accused under section 138 of the Negotiable Instruments Act, 1881, demanding payment of the cheque amount.
  1. 4. That the said notice was duly delivered to the Accused on 5 April 2026, proved by Registered post A.D. No. RL123456789IN, delivered per India Post tracking.
  1. 5. That the Accused being a company, the following of its officers, who were in charge of and responsible for the conduct of its business at the time the cheque was issued, are made accused herein along with the company by virtue of section 141 of the Act: Gurpreet Singh Bhullar, managing director, House No. 55, Sarabha Nagar, Ludhiana 141001
  1. 6. That more than fifteen days have elapsed since service of the said notice, and No payment of any part of the cheque amount was received within the fifteen days, or at any time since
  1. 7. That the Accused has thereby committed an offence punishable under section 138 of the Negotiable Instruments Act, 1881, punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
  1. 8. That This complaint is filed within one month of the date the cause of action arose under section 142(1)(b) of the Negotiable Instruments Act, 1881
  1. 9. That this Hon'ble Court has jurisdiction to try this complaint under section 142(2) of the Negotiable Instruments Act, 1881, since the cheque was delivered for collection through an account, and this court has jurisdiction over the branch of the bank where the payee or holder in due course maintains that account. This complaint is filed in the State of Punjab.

What this document is for

A payee who sent a section 138 demand notice and got no payment within the fifteen days it gave uses this to file the criminal complaint that follows — before the Judicial Magistrate First Class or Metropolitan Magistrate having jurisdiction, asking the court to take cognizance of the offence under section 138 of the Negotiable Instruments Act, 1881 and summon the drawer.

It is the sequel to the Cheque Dishonour Legal Notice, not a substitute for it: without that notice having gone out within thirty days of learning the cheque was returned, and without the fifteen days it gave having actually run out unpaid, this complaint has no offence to stand on. It records the cheque, the return, the notice and its delivery, and the specific facts that fix which court may hear it and whether it is filed on time.

Before you use this — the one-month filing clock, and which procedural code applies

Section 142(1)(b) of the Negotiable Instruments Act, 1881 gives one month from the date the cause of action arises — the day after the fifteen days given in the notice expire — to file this complaint, though the proviso lets the Magistrate accept a later one if the complainant shows sufficient cause for the delay. Work out that date before filing, since this template only checks that the dates entered are in the right order, not that the one-month period has or has not already run.

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024, and courts currently examine a complaint of this kind under whichever code their own practice applies — the body deliberately says "the applicable criminal procedure code" rather than naming one. Confirm with the filing court or the advocate settling the complaint which code, and which section number, its current cause list actually uses.

Stamp paper and registration

Stamp paper needed

No

Typical stamp duty — Punjab

None. A criminal complaint asking a Magistrate to take cognizance of an offence creates or transfers no right, so it is not an "instrument" within section 2(14) of the Indian Stamp Act, 1899, and nothing is bought before filing.

Typical stamp duty — Chandigarh

None, for the same reason — the complaint is not a chargeable instrument in either place. A nominal court process or e-filing fee may still apply; confirm the current figure at the filing counter, since this drafter could not confirm one with confidence for either place.

Registration at the Sub-Registrar

No — Not registrable anywhere — no clause of section 17 of the Registration Act, 1908 reaches a criminal complaint, which is filed with the court's own registry rather than with a Sub-Registrar.

Notary or witnesses

Neither, in the usual sense. No attesting witness signs the complaint. What section 145 of the Negotiable Instruments Act, 1881 lets the Complainant do instead is give evidence by affidavit, sworn before the court's own oath commissioner, a notary, or the Magistrate at the time of filing — confirm which the particular court's filing counter currently wants.

What you will need before you start

  • The cheque itself, the bank return memo and its stated reason, and the date you actually received that memo
  • The earlier section 138 notice — its date, and proof of when it was delivered to the drawer
  • Whether any part-payment was received after the notice, and if so, the exact balance still unpaid
  • Which of the two jurisdiction bases under section 142(2) applies to your cheque — the branch where it was presented for collection, or the branch it was presented for payment at — since that fixes which court to file in
  • Whether this complaint falls within the one-month limitation under section 142(1)(b), and if not, your reasons for the delay
  • The court to file in, and every document you will list as filed with the complaint

Common mistakes

  • Filing after the one-month window under section 142(1)(b) without addressing the delay — the proviso can save it, but only if you actually explain the delay in the complaint, not assume the point away.
  • Getting the jurisdiction basis wrong under section 142(2) — filing where the drawee bank sits when the cheque was actually presented for collection through the payee's own account, or the reverse, risks the complaint being returned from the wrong court.
  • Naming a company's officers as accused without the facts to show they were in charge of and responsible for the conduct of its business when the cheque was issued — a general assertion under section 141 is not enough on its own.

Questions people ask before using this document

How long do I have to file this complaint after the notice period ends?

One month from the cause of action, which arises the day after the fifteen days given in the section 138 notice expire — not one month from the cheque, the return memo, or the notice itself. The proviso to section 142(1)(b) lets the Magistrate accept a later complaint if you can show sufficient cause for the delay, but do not rely on that; work out the one-month date and file within it if at all possible.

Which court do I file this complaint in?

Section 142(2), inserted by the Negotiable Instruments (Amendment) Act, 2015, fixes jurisdiction by the bank branch through which the cheque was presented — either the branch where the payee holds the account the cheque was presented for collection through, or the drawee branch where it was presented for payment, depending on how it was actually presented. This reversed the position the Supreme Court had earlier taken in Dashrath Rupsingh Rathod v. State of Gujarat, so get the current basis right before choosing a court, since a complaint filed in the wrong one can be returned or dismissed on that ground alone.

Can I make a company's directors accused along with the company itself?

Yes, where they were in charge of and responsible for the conduct of the company's business when the cheque was issued — section 141 of the Negotiable Instruments Act, 1881 extends liability to those individuals, ordinarily the same officers the earlier notice was copied to. Name them specifically rather than generally, since getting the section 141 conditions wrong can see them discharged even where the company itself is properly before the court.

Can this matter still be settled instead of going to trial?

Yes — sections 138 and 147 of the Negotiable Instruments Act, 1881 make this offence compoundable, at any stage, including after the complaint is filed. Discuss with the complainant, before filing and at any point afterward, whether a settlement is preferred to prosecuting the complaint through to trial.

Do I have to give oral evidence in court, or can I file an affidavit instead?

Section 145 of the Negotiable Instruments Act, 1881 lets the Complainant's evidence be given by affidavit, and many courts now examine a complainant substantially on that basis rather than requiring lengthy oral examination at the outset. Confirm the specific court's current practice, including whether it wants a separate section 145 affidavit filed alongside the complaint rather than relying on the verification clause alone.

Related documents, and when you would need them

Questions about this document

Does the Cheque Bounce Complaint to Magistrate (Sections 138/142, Negotiable Instruments Act) need stamp paper or stamp duty in Punjab and Chandigarh?

No stamp duty is payable on this complaint in Punjab or in Chandigarh — a criminal complaint is not an instrument within section 2(14) of the Indian Stamp Act, 1899, and creates or transfers no right; it asks a Magistrate to take cognizance of an offence.

See the full position on stamp duty, registration and witnesses
Does the Cheque Bounce Complaint to Magistrate (Sections 138/142, Negotiable Instruments Act) need registration in Punjab and Chandigarh?

Not registrable in either place.

See the full position on stamp duty, registration and witnesses
What does the Cheque Bounce Complaint to Magistrate (Sections 138/142, Negotiable Instruments Act) cost on Kaagazaat?

Free.

Documents are free. Only kits are paid.

Does the Cheque Bounce Complaint to Magistrate (Sections 138/142, Negotiable Instruments Act) need witnesses?

No attesting witness signs the complaint.

See the full position on stamp duty, registration and witnesses

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