Section 138 complaint format (cheque bounce case)

IN THE COURT OF THE [JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE], [COURT NO.], [PLACE]

COMPLAINT CASE NO. ______ OF [YEAR]

IN THE MATTER OF:

[COMPLAINANT NAME], a [proprietorship / partnership firm / company] having its office at [ADDRESS], through its authorised representative Mr./Ms. [NAME], [DESIGNATION]
... COMPLAINANT

VERSUS

1. [DRAWER NAME], [company / firm / individual], having its [registered office / address] at [ADDRESS]
... ACCUSED NO. 1
2. [NAME], [Managing Director / Director / Partner] of Accused No. 1, residing at [ADDRESS]
... ACCUSED NO. 2
[add other persons in charge, if any]

COMPLAINT UNDER SECTIONS 138 AND 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

MOST RESPECTFULLY SHOWETH:

1. The Complainant is engaged in the business of [BUSINESS]. Mr./Ms. [NAME] is authorised to file and pursue this complaint by [board resolution / authority letter] dated [DATE], filed herewith, and has personal knowledge of the facts.

2. Accused No. 1 is [DESCRIPTION]. Accused No. 2 is its [DESIGNATION] and was, at the time the offence was committed, in charge of and responsible to Accused No. 1 for the conduct of its business, and is liable under Section 141 of the Act. [Add specific role, e.g. "dealt with the Complainant, placed orders and signed the cheque".]

3. At the request of the Accused, the Complainant supplied [GOODS / SERVICES] under [INVOICE NOS. / PO NO.], and a sum of Rs [AMOUNT] became due and payable, which is a legally enforceable debt.

4. In discharge of this liability, the Accused issued cheque no. [CHEQUE NO.] dated [CHEQUE DATE] for Rs [AMOUNT] drawn on [DRAWEE BANK, BRANCH], signed by [SIGNATORY].

5. The Complainant presented the cheque within its validity through its account with [PAYEE BANK, BRANCH, PLACE] on [DATE]. The cheque was returned unpaid with the remark "[REASON]" vide return memo dated [MEMO DATE], received by the Complainant on [DATE].

6. Within 30 days of receipt of the return memo, the Complainant sent a legal notice dated [NOTICE DATE] to the Accused by [registered post AD / speed post / email], demanding payment of the cheque amount within 15 days of receipt. The notice was [delivered on [DATE] / refused on [DATE] / returned "unclaimed" on [DATE]], as shown by the [AD card / tracking report / returned envelope] filed herewith.

7. The Accused failed to pay the cheque amount within 15 days of receipt of the notice. [The Accused sent a reply dated [DATE] raising false pleas, which are denied. / No reply was received.]

8. The cause of action arose on [DATE: DAY AFTER THE 15-DAY PERIOD ENDED]. This complaint is filed within one month of that date and is within limitation.

9. The cheque was delivered for collection through the Complainant's account at [PAYEE BANK, BRANCH], which is within the territorial jurisdiction of this Hon'ble Court. This Court has jurisdiction under Section 142(2)(a) of the Act.

10. The Accused have committed an offence punishable under Section 138 read with Section 141 of the Act.

11. Court fee of Rs [AMOUNT] as applicable has been paid.

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 read with Section 141 of the Negotiable Instruments Act, 1881, and summon the Accused;
(b) try and punish the Accused in accordance with law;
(c) direct the Accused to pay interim compensation under Section 143A of the Act, and on conviction, compensation to the Complainant under the applicable provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 357 CrPC);
(d) pass any other order this Hon'ble Court deems fit.

COMPLAINANT
Through its authorised representative
[SIGNATURE], [NAME]

Through
[ADVOCATE NAME], Advocate, Enrolment No. [NO.]

Place: [PLACE]
Date: [DATE]

VERIFICATION
I, [NAME], authorised representative of the Complainant, verify that the contents of paragraphs 1 to 11 are true to my knowledge and based on records, and nothing material has been concealed.
Verified at [PLACE] on [DATE].
[SIGNATURE]

LIST OF DOCUMENTS
1. Board resolution / authority letter dated [DATE]
2. Original cheque no. [CHEQUE NO.]
3. Original return memo dated [MEMO DATE]
4. Copy of legal notice dated [NOTICE DATE]
5. Postal receipts, tracking report, AD card / returned envelope; email delivery proof
6. Reply to notice, if any
7. Invoices, PO, ledger extract showing the debt

LIST OF WITNESSES
1. [AUTHORISED REPRESENTATIVE NAME]
2. [BANK OFFICIAL, IF REQUIRED]