Cheque Bounce Complaint Format under Sections 138 and 142 NI Act

Replace everything in [square brackets] with your own details. Delete lines that do not apply.

IN THE COURT OF THE [JUDICIAL MAGISTRATE FIRST CLASS / CHIEF JUDICIAL MAGISTRATE / DESIGNATED NI ACT COURT], [CITY / DISTRICT], [STATE]

Complaint Case No. ______ of [YEAR]

IN THE MATTER OF:

[FULL NAME OF COMPLAINANT]
S/o / D/o / W/o [NAME]
Aged about [AGE] years
R/o [FULL ADDRESS]
[IF A COMPANY OR FIRM: [NAME OF COMPANY], having its registered office at [ADDRESS], through its authorised representative [NAME], [DESIGNATION]]
... Complainant

Versus

[FULL NAME OF ACCUSED / DRAWER]
S/o / D/o / W/o [NAME]
R/o [FULL ADDRESS]
[IF THE DRAWER IS A COMPANY: 1. [NAME OF COMPANY], through its Managing Director, [REGISTERED OFFICE ADDRESS]; 2. [NAME OF DIRECTOR], Director; 3. [NAME OF DIRECTOR / AUTHORISED SIGNATORY]]
... Accused

COMPLAINT UNDER SECTION 138 READ WITH SECTION 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

MOST RESPECTFULLY SHOWETH:

1. That the complainant is [DESCRIBE, e.g. a trader dealing in ______ / a salaried individual]. [IF A COMPANY: The complainant is a company incorporated under the Companies Act, and [NAME] has been authorised by board resolution dated [DATE] to file and pursue this complaint and to depose on its behalf.]

2. That the accused [DESCRIBE THE RELATIONSHIP, e.g. purchased goods from the complainant / took a friendly loan from the complainant] on [DATE(S)]. The accused thereby became liable to pay the complainant a sum of Rs. [AMOUNT] (Rupees [AMOUNT IN WORDS] only). [MENTION INVOICES, LOAN AGREEMENT, LEDGER OR ACKNOWLEDGEMENT.]

3. That in discharge of this legally enforceable debt / liability, the accused issued the following cheque in favour of the complainant:

Cheque No.: [NUMBER]
Dated: [DATE]
Amount: Rs. [AMOUNT]
Drawn on: [BANK NAME], [BRANCH]
Account No. of drawer: [ACCOUNT NUMBER, IF KNOWN]

4. That the complainant presented the cheque for collection through the complainant's account with [BANK NAME], [BRANCH], on [DATE OF PRESENTATION], within its period of validity.

5. That the cheque was returned unpaid by the drawee bank with the remark '[REASON EXACTLY AS IN RETURN MEMO, e.g. FUNDS INSUFFICIENT]' vide return memo dated [DATE], which the complainant received on [DATE].

6. That the complainant sent a written legal notice dated [DATE] to the accused by [REGISTERED POST / SPEED POST / COURIER / EMAIL] within 30 days of receiving information of the dishonour, demanding payment of the cheque amount within 15 days of receipt of the notice.

7. That the notice was [DELIVERED TO THE ACCUSED ON [DATE] / RETURNED WITH THE REMARK '[REFUSED / UNCLAIMED / ADDRESSEE NOT AVAILABLE]' ON [DATE]], which amounts to due service in law. [IF A REPLY WAS RECEIVED: The accused sent a reply dated [DATE] raising false pleas, which are denied.]

8. That the accused failed to pay the cheque amount within 15 days of receipt of the notice, which expired on [DATE]. The cause of action for this complaint therefore arose on [DATE — THE DAY AFTER THE 15-DAY PERIOD ENDS].

9. That this complaint is filed within one month of the date on which the cause of action arose, as required by Section 142(1)(b) of the Act. [OR: There is a delay of [NUMBER] days, for which a separate application for condonation of delay is filed under the proviso to Section 142(1)(b).]

10. That the cheque was delivered for collection through the complainant's account at [BANK AND BRANCH], which is situated within the local jurisdiction of this Hon'ble Court. This Hon'ble Court therefore has jurisdiction under Section 142(2)(a) of the Act.

11. [IF THE DRAWER IS A COMPANY:] That accused Nos. [NUMBERS] were, at the time the offence was committed, directors of accused No. 1 and were in charge of and responsible to the company for the conduct of its business. [STATE THEIR SPECIFIC ROLE, e.g. accused No. 2 negotiated the transaction and accused No. 3 signed the cheque.] They are liable under Section 141 of the Act.

12. That the accused has thereby committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Under Section 139 of the Act, it is presumed that the cheque was issued in discharge of a debt or liability.

13. That the complainant has not filed any other complaint in respect of this cheque before any court.

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, and summon the accused to face trial;

(b) direct the accused to pay interim compensation to the complainant under Section 143A of the Act;

(c) try and punish the accused in accordance with law, and direct payment of compensation to the complainant out of the fine or otherwise under Section 395 of the Bharatiya Nagarik Suraksha Sanhita, 2023; and

(d) pass any other order that this Hon'ble Court considers just and proper.

[NAME OF COMPLAINANT / AUTHORISED REPRESENTATIVE]
Complainant

Through
[ADVOCATE'S NAME]
Advocate, Enrolment No. [ENROLMENT NUMBER]
[CHAMBER ADDRESS] | [MOBILE NUMBER]

Place: [PLACE]
Date: [DATE]

VERIFICATION

I, [NAME], the complainant / authorised representative of the complainant, verify at [PLACE] on [DATE] that the contents of paragraphs 1 to 13 above are true and correct to my knowledge, based on the records maintained by the complainant, and nothing material has been concealed.

[SIGNATURE]
Complainant

LIST OF WITNESSES

1. The complainant / authorised representative
2. Official of [COMPLAINANT'S BANK], if required, with the return memo and account statement
3. [ANY OTHER WITNESS TO THE TRANSACTION]

LIST OF DOCUMENTS

1. Original cheque
2. Original return memo
3. Office copy of the legal notice
4. Postal receipts, tracking report and returned envelope / acknowledgement card
5. Reply to notice, if any
6. Documents showing the debt (invoices, ledger, loan agreement, bank transfer records)
7. Board resolution / authority letter (for a company or firm)