Affidavit - COMPLAINT AGAINST CHEQUE DISHONOUR
Category: Civil Law Documents
Updated:
Collection of legal affidavit templates for various cases
COMPLAINT AGAINST CHEQUE DISHONOUR IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT _____________ Cr. Complaint No. _______ of _______. __________________ …………… Complainant. Versus __________________ ………… Accused/Respdt. Complaint Under Section 138 and 142 of the Negotiable Instrument Act, 1881. RESPECTFULLY SHOWETH:- 1. That the accused issued one cheque bearing No. _____________ dated ________ for a sum of Rs. ____________________ drawn on ______________________ for a lawful valuable consideration in discharge of his liability in favour of the complainant. 2. That the complainant presented the said cheque lastly on _______________ which was returned unpaid by drawee Bank vide returning Memo dated _________________ for the reasons 'Insufficient Funds'. The said cheque was presented within its validity period and stood dishonoured on presentation. 3.
That the complainant got a notice issued through his counsel dated ______ _____ under registered AD cover and UPC to the accused demanding the amount of the dishonoured cheques within 15 days of the receipt thereof which was duly served upon him on (Date) ____________. It is submitted that the Registered cover containing the notice was received back as unclaimed as the accused has deliberately avoided the service of the notice, however the notice sent through UPC stood served upon the accused on (Date) ____________, the copy of notice with postal receipt/ UPC and envelop containing notice is filed with the complaint. 4. That the accused person has not cared to make the payment of the amount of dishonoured cheques to the complainant within 15 days as required under the law, as demanded in the notice. 5.
That the cause of action for filing the complaint arose within the jurisdiction of this learned court when the accused failed to make the payment of the cheques in dispute to the complainant within 15 days of the receipt of notice. 6. That the accused is guilty of an offence under section 138 of the Negotiable Instrument Act, 1881, and is liable to be punished under section 142 of the said Act. It is, therefore, prayed that the accused person be proceeded against and punished in accordance with law as envisaged under section 142 of the Negotiable Instruments Act. Complainant Through Advocates Place: __________ Dated: __________ List of Documents attached:- 1. Original dishonoured cheque No. ______ dated ________ for Rs. ______ drawn on _________________ 2. Original returning Memo of the drawee Bank dated ________ 3. Copy of Notice dated _________ 4.
Postal and UPC receipt dated _________ and envelop containing notice List of Witnesses:- Complainant. Concerned officers of the _____________________ with the records pertaining to the _____________________ of the accused regarding dishonoured cheque No. ______ for Rs. ______. AFFIDAVIT I (Name) ___________________________ s/o Shri ________________________ aged _______ years, r/o __________________________________ do hereby solemnly affirm and declare on oath that the contents of the accompanied application from para 1 to 6 are true and correct to my personal knowledge and belief and that nothing false is stated therein and also nothing material is concealed therefrom. I further declare and verify on oath that the contents of this affidavit are true and correct and nothing material is concealed therefrom. Verified at ______________ on this _______ day of _________. DEPONENT