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

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

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Complainant and accused
The cheque, the return and the notice
Limitation, jurisdiction and the complaint
Court, documents and filing

Step 1 of 4

Complainant and accused

Complainant — full name (the payee or holder in due course)Needed

For example: Harjinder Singh Gill

Complainant — son/daughter/wife of, or, for a firm or company, its constitutionNeeded

For example: son of Sh. Baldev Singh Gill

Complainant — addressNeeded

House / flat / plot no.

Street, sector or locality

City area and PIN code

Accused — full name (the drawer)Needed

For example: Bhullar Agro Implements Private Limited

Accused — addressNeeded

House / flat / plot no.

Street, sector or locality

City area and PIN code

More details — you may leave these

If the Complainant is a firm or company, who signs and swears on its behalf?You may leave this

If the accused is a company, which of its officers are also being made accused?You may leave this

Name each director or officer in charge of the company's affairs when the cheque was issued, ordinarily the same persons the section 138 notice was copied to, with address and role.

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For example: Gurpreet Singh Bhullar, managing director, House No. 55, Sarabha Nagar, Ludhiana 141001

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

BETWEEN

__________, __________, resident of __________ ... COMPLAINANT

AND

__________, of __________ ... 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:

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.

10. That the Complainant has not filed any other complaint against the Accused on the cause of action arising from the said cheque, and this complaint is filed bona fide.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:

(a) take cognizance of the offence under section 138 of the Negotiable Instruments Act, 1881 disclosed above;

(b) summon the Accused to appear and answer the complaint;

(d) on trial, convict and sentence the Accused according to law, and direct payment of the cheque amount together with such compensation as this Hon'ble Court deems fit.

LIST OF DOCUMENTS

COMPLAINANT

VERIFICATION

COMPLAINANT

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