Section 138 Complaint Draft — Filing Template

IN THE COURT OF THE LEARNED JUDICIAL MAGISTRATE FIRST CLASS /
METROPOLITAN MAGISTRATE AT [City]

                         Criminal Complaint No. ______ of [Year]

                    (Under Section 138 read with Section 142 of the
                     Negotiable Instruments Act, 1881)

[Name of Complainant/Payee]
S/o [___], aged [__], R/o [Address]                    ... COMPLAINANT

                              VERSUS

[Name of Accused/Drawer]
[If company: M/s [___] through its Director/Signatory, [Name]]
R/o / Regd. Office at [Address]                        ... ACCUSED

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

MOST RESPECTFULLY SHOWETH:

1. That the Complainant is [describe — a trader / individual] carrying
   on business at [Address]. The Accused is [known to the Complainant /
   a customer] and had a business/financial dealing with him.

2. That in discharge of a legally enforceable debt/liability of
   ₹[Amount] arising from [state transaction — supply of goods vide
   Invoice No. [___] dated [Date] / loan], the Accused issued to the
   Complainant Cheque No. [___] dated [Date] for ₹[Amount], drawn on
   [Bank, Branch], Account No. [___].

3. That the Complainant presented the said cheque through his banker,
   [Bank, Branch], on [Date], within its validity period.

4. That the said cheque was dishonoured and returned unpaid vide Return
   Memo dated [Date] with the endorsement "[Funds Insufficient / etc.]".
   (Return memo — Annexure A.)

5. That the Complainant, within 30 days of receipt of the return memo,
   issued a statutory demand notice dated [Date] through Registered
   Post/Speed Post calling upon the Accused to pay ₹[Amount] within 15
   days. (Notice and postal receipts — Annexure B & C.)

6. That the said notice was duly served upon / deemed served on the
   Accused on [Date], but the Accused failed and neglected to pay the
   amount within 15 days, i.e. up to [Date].

7. That the Accused has thereby committed an offence punishable under
   Section 138 of the Negotiable Instruments Act, 1881.

8. That the cause of action arose at [City] on [dates of issue,
   dishonour, notice and expiry of 15 days], within the jurisdiction of
   this Hon'ble Court, where the cheque was presented/the payee's bank
   is situated (Section 142(2)).

9. That this complaint is filed within ONE MONTH from the date on which
   the cause of action arose under clause (c) of the proviso to Section
   138, and is within limitation.

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 N.I. Act,
       1881 and issue summons to the Accused;
   (b) try and convict the Accused and punish him with imprisonment
       up to two years and/or fine up to twice the cheque amount; and
   (c) award compensation of ₹[Amount] under Section 357 of the CrPC /
       Section 143A of the N.I. Act, and costs.

                                          COMPLAINANT


                                          Through Counsel
                                          ____________________
                                          [Advocate Name], Advocate

Place: [City]
Date : [Date]

VERIFICATION:
I, [Complainant Name], the above-named Complainant, do hereby verify
that the contents of paras 1 to 9 are true and correct to my knowledge
and belief and nothing material has been concealed therefrom.
Verified at [City] on this [Date].

                                          ____________________
                                          COMPLAINANT

LIST OF DOCUMENTS:
1. Original dishonoured Cheque No. [___]
2. Original Cheque Return Memo dated [Date]
3. Copy of Demand Notice dated [Date]
4. Postal receipts / A.D. card / tracking report
5. Invoice/loan proof establishing the debt