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Authority letter for cheque bounce case format

A company or firm cannot walk into court itself. In a Section 138 case, a named person files the complaint, gives evidence and attends hearings on its behalf, and the court will ask to see that person's authority. Here are the two documents you need.

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Short answer

An authority letter for a cheque bounce case is a document by which a company, firm or proprietor authorises a named person to file, sign, verify and pursue a Section 138 NI Act complaint, give evidence and engage an advocate on its behalf. For a company it is usually backed by a board resolution. The authorised person should have personal knowledge of the transaction, because they will depose about it.

The formats

Board resolution authorising a person for a Section 138 case (company)
CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF [COMPANY NAME] (CIN: [CIN]) HELD ON [DATE] AT [PLACE / THROUGH VIDEO CONFERENCE]

"RESOLVED THAT Mr./Ms. [NAME], [DESIGNATION] of the Company, be and is hereby authorised to file, sign and verify a complaint under Sections 138 and 142 of the Negotiable Instruments Act, 1881, against [ACCUSED NAME(S)] in respect of the dishonour of cheque no. [CHEQUE NO.] dated [CHEQUE DATE] for Rs [AMOUNT] drawn on [BANK, BRANCH], before the competent court at [PLACE];

RESOLVED FURTHER THAT the said [NAME] be and is hereby authorised to give evidence on affidavit and in person, produce and prove documents, engage and instruct advocates, sign vakalatnamas, applications, affidavits and all other papers, receive amounts paid in the case, compound or settle the matter [with the prior approval of the Board / up to Rs [AMOUNT]], file appeals and revisions, and do all acts necessary to pursue the complaint to its conclusion;

RESOLVED FURTHER THAT a copy of this resolution certified by any Director or the Company Secretary be furnished to the court and other authorities as required."

Certified true copy
For [COMPANY NAME]
[SIGNATURE]
[NAME], [DIRECTOR / COMPANY SECRETARY]
DIN / Membership No.: [NUMBER]
[COMPANY SEAL]
Date: [DATE]
Authority letter for cheque bounce case (firm / proprietor / company)
[LETTERHEAD OF COMPLAINANT]

Date: [DATE]

TO WHOMSOEVER IT MAY CONCERN

AUTHORITY LETTER

We, [COMPLAINANT NAME], a [proprietorship / partnership firm / company] having its office at [ADDRESS], hereby authorise Mr./Ms. [NAME], son/daughter of [FATHER'S / MOTHER'S NAME], aged [AGE], working as [DESIGNATION] with us since [YEAR], residing at [ADDRESS], to act on our behalf in the matter of cheque no. [CHEQUE NO.] dated [CHEQUE DATE] for Rs [AMOUNT] drawn on [BANK, BRANCH], issued by [DRAWER NAME] and dishonoured vide return memo dated [MEMO DATE].

Mr./Ms. [NAME] has handled the transactions with [DRAWER NAME] and has personal knowledge of the facts. He/She is authorised to:
1. Sign, verify and file the complaint under Sections 138 and 142 of the Negotiable Instruments Act, 1881 and connected applications;
2. Depose on oath, file affidavits of evidence, and produce and prove documents;
3. Engage advocates and sign vakalatnamas;
4. Attend all hearings and receive payments and notices;
5. [Compromise or compound the matter with our prior written consent.]

Specimen signature of the authorised person: ____________________

For [COMPLAINANT NAME]
[SIGNATURE]
[NAME], [PROPRIETOR / PARTNER / DIRECTOR]
[SEAL]

How to fill it

  1. Choose someone who actually dealt with the drawer: the sales or accounts person who handled the orders, invoices and cheque. They will be cross-examined.
  2. For a company, pass the board resolution first (a circular resolution may also be used if your articles allow) and attach a certified copy to the complaint.
  3. For a partnership firm, have the authority signed by a partner, ideally with a reference to the partners' consent. A proprietor may simply file personally.
  4. Name the cheque, the drawer and the court location so the authority clearly covers this case.
  5. Get the authorised person's specimen signature on the letter.

Common mistakes

  • A general authority with no mention of the cheque or case, which the defence may challenge.
  • Authorising someone with no knowledge of the transaction, who then cannot answer questions in cross-examination.
  • Board resolution dated after the complaint was filed. Courts have generally allowed the defect to be cured, but it invites delay; pass it before filing.
  • Changing the authorised person mid-trial without a fresh resolution and an application to the court.

What happens next

The authority is filed with the complaint, along with the cheque, return memo, notice and proof of delivery. The authorised person signs the complaint and the affidavit of evidence and is examined on oath before the court takes cognizance. See the Section 138 complaint format for the full list of papers, and the cheque bounce timeline to check you are within the one-month filing window.

With FundRaksha cheque bounce recovery, the advocate prepares the resolution, authority and complaint together and files them for you. FundRaksha has worked with 1,000+ businesses across India.

Last reviewed: 2026-10-20. Information for Indian businesses; not legal advice.

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  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
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Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

The complaint must be filed by the company through a person it has authorised. A board resolution is the standard proof of that authority and courts expect to see it; a general power of attorney backed by a resolution is also used.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.