Format of Affidavit for and on behalf of the Complainant by way of evidence in case of Criminal Complaint Under section 138 of Negotiable Instruments Act.

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In some courts at the time of filing criminal complaint under section 138 of Negotiable Instruments Act (read with section 141 in case of Companies) against return of cheque, an affidavit regarding evidence needs to be filed by the complainant (Not in all courts). Format of complaint s given here under.

Format of Affidavit in Criminal Complaint Under section 138 of Negotiable Instruments Act.

Draft Format of Evidence by way of affidavit for and on behalf of the Complainant (Not necessary in some courts)

IN THE COURT OF __________________________
COMPLAINT NO. _________OF 20__

Mr. _______________
Mr. ________________


Affidavit of Mr. __________________ aged ____years, the resident of ______________________________.

I, the above named deponent, on solemn oath do hereby state, declare and affirm as under:

  1. That I am the Complainant and am competent to file the present Complaint before this Hon'ble Court.
  2. That I say the Complainant had extended credit facility of Rs.___________ /- to the Accused. The said credit facility was repayable as per the cheques issued by the Accused.
  3. I say that the Accused had issued Cheque No. ___________dated _____________for Rs. ________________, drawn on ______________ in my favour towards discharge of his above said liability. The above cheque was drawn on cheques drawn ______________________ is exhibited as EX CW1/A.
  4. I say that the above cheques, on presentation, was dishonoured by the bank of the Accused vide returning memo dated ____________stating the reason to be "Funds Insufficient". The said Returning Memo is exhibited as EX- CW1/B.
  5. I say that on account of the dishonor of the said cheques, the complainant had served a legal notice dated _____________upon the accused person. A Copy of the notice is exhibited as EX CW1/C. The Postal Receipt exhibited as EX-CW1/D.
  6. I say that consequent to the non payment of the cheques amount so demanded by the complainant within the statutory period, the Complainant has filed the present complaint, which is well within limitation. The limitation document is exhibited as EX CW1/E.
  7. I say that the complainant not filed any complaint in any other court which is pending in respect of the transaction involved in the present matter.
  8. I say that in view of the facts the accused be summoned and tried as per law.
  9.  I say that I close my pre-summoning evidence.

Verified at New Delhi on this _____day of ______2013, that the contents of the above affidavit are true and correct to the best of my knowledge and belief based on the records maintained by the Institute in normal course of business. No part of it is false and nothing material has been concealed therefrom.


What documents needs to be Annexed with Criminal Complaint u/s 138 of of Negotiable Instruments Act against return of cheque? List of documents to be attached with Complaint in case of companies

The Hon'ble Delhi High Court have passed order against CRL. M.C. 1821/2013 and CRL MC 1822/2013 and mentioned that the Magistrate must seek copies of Form No. 32 from the complainant to prima facie satisfy the Court as to who were the directors of the accused company at the time of commission of the alleged offence and on the date of filing of the complaint case.

In addition to the above the Magistrate muse also seek information as given in the following table which is to be annexed by the Complainant on a separate sheet accompanying the complaint. 
a. Name of the Accused Company;

b. Particulars of the dishonoured cheque/ cheques;
-Person/ Company in whose favour the cheque/cheques were issued
-Drawer of the Cheque/Cheques
-Date of Issuance of Cheque/Cheques
-Name of the drawer bank, its location
-Name of the drawee bank, its location
-Cheque No./ Nos
-Signatory of the Cehque/Cheques

C. Reason due to which the cheque/cheques were dishonoured

d. Name and Designation of the person sought to be vicariously liable for the commission of the offence by the accused company and their exact role as to how and in what manner they were responsible for the commission of the alleged offence.

e. Particulars of the legal notice and status of its services

f. Particulars of reply to the legal notice if any.

Disclaimer: All the formats shared here are provided for education and reference purposes only. 'MyRights' will not be liable for any losses, injuries or damages from the display or use of this information. "Must consult Your Lawyer according to your case."

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