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Form of a notice by a sole proprietor partner of a firm/director of a company FROM TO, Dear Sir(s), I have to serve the following notice under section 138 of the Negotiable Instruments Act, 1881, on you being the sole Proprietor of the firm……….carrying on business at…………… as the Partner of the firm M/s…………………being the Managing Director of the Company.  1. That we sold, supplied and delivered the goods as per your requirement and in discharge of your liability you are issued cheque bearing No………………. dated…………………… an Amount of Rs…….……….. drawn on ………………………. Bank ……………. Branch.  2. That the said cheque was deposited our bankers……………. but we are surprised to find that the same has been returned unpaid by your bankers on account of insufficiency of funds in your account with the endorsement “Refer to drawer” since you had failed to provide sufficient funds in your account. 3. That by dishonour of the cheque as aforesaid, you have made yourself liable to the prosecuted under the amended provided of the Negotiable Instruments Act, 1881 and you are hereby to take notice under section 138 of the Negotiable Instruments Act to pay the aforesaid amount of Rs………being the amount of the cheque along with bank charges within 15 days of the receipt of this notice by you, failing which I/We shall be proceeding under the Indian Penal Code, 1860 and under the provisions of the Negotiable Instruments Act, 1881 against you under which you may be punished by imprisonment for a term of one year and with fine which may be to the extent of twice the amount of the cheque or with both. You are also called upon to pay Rs…………. for the cost of this notice.  Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

Form of a complaint on behalf of the  Proprietorship firm In the Court of Additional Chief Metropolitan Magistrate………………….Court At…………… ……………….. Complaint No……………… 20……. Shri……………………. Prop.:………...………. ……………………….. Through : Shri………… Complainant Vs. Shri………………….. Sole Proprietor……… …………………….. Accused Complaint under section 138  read with section 142 of the Negotiable Instruments Act, 1881 1. That the complainant is the proprietorship firm carrying on business in the name and style of M/s…………………………….. That the present complaint is being filed by the complainant through his authorised representative Shri………………who is the manager of the firm of the complainant and is a holder of Special Power of Attorney executed by the complainant in his favour, and is fully aware of the facts of the present case. 2. That the accused was purchasing goods of the complainant from time to time on credit bases. To fulfill the liability the accused had issued Cheque in favour of  the complainant vide cheque No……………. dated………….. of Rs………… Drawn on…………… 3. That the said cheque was presented in the bank of the complainant for the encashment, however, the said cheque was returned by the bankers of the accused with the remarks “………………”. The intimation relating to the dishonour of the cheque was received by the complainant on ………..  4. Thereafter the complainant approached the lawyer who has sent a notice dated…………. by way of  registered post and UPC to the accused bringing to his knowledge about the dishonour of the said cheque on account of ………………….., and requested the accused to make the payment within 15 days of the receipt of the said notice. It was stated in the notice that in case the payment is not received within the stipulated time, the complainant shall be entitled to take legal action against the accused under the provisions of the Negotiable Instruments Act, 1881. 5. That the said notice has been duly received by the accused on……………but the accused has failed to make the payment under the said cheque and this has been done mala fidely, intentionally, deliberately and knowingly and at the same time when the cheque were issued, the accused knew the fate of the cheque that they would be dishonoured on account of insufficiency of funds or on account of exceeding the arrangements with the bank. That by the aforesaid acts, the accused has become liable to be prosecuted under the provisions of the Negotiable Instruments Act, 1881. 6. That the cheque have been dishonoured by the bankers of the accused for reasons as given under Section 138 of the Act. The complainant is the payee of the cheque and the complaint has been filed after due compliance with the conditions as prescribed under sections 138 and 142 of the Negotiable Instruments Act, 1881. The complaint has been filed within the limitation as provided for under the Act. 7. That the cause-of-action for purpose of filing the present complaint, besides other dates has arisen on…………….and on……………when the information with regard to the dishonour of the cheque was received by the complainant and further on………………. when a notice under the amended provisions of the Act was sent by the complainant and on…………. when the accused has not cleared the outstanding under the cheque after the receipt of the said notice on…………. 8. That the cheque was issued and dishonoured within the jurisdiction of this Hon’ble Court and as the cause-of-action to file the present complaint has arisen within the jurisdiction of this Hon’ble Court, this Hon’ble Court can take cognizance of the offence as committed by the accused. 9. It is, therefore, prayed that, action be initiated against the accused under sections 138 and 142 of the Negotiable Instruments Act, 1881, and the accused be summoned and tried and be punished in accordance with law.  Advocate of the Complainant Complainant Place : Date  : LIST OF WITNESSES 1. Complainant  2. Manager/Officers/Clerk of the Bankers of the Accused. 3. Manager/Officers/Clerk of the Bankers of the Complainant.  LIST OF DOCUMENTS 1. Copy of the Special Power of Attorney.  2. Original returned cheque  with  Bank memos debit advices and returning memos. 3. Copy of notice the letter dated………………..with postal receipt UPC and AD cards. Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Pro-forma complaint by firm/company In the Court of Additional Chief Metropolitan Magistrate………………….Court At…………… ……………….. Complaint No……………… 20……. ……………………… ……………………… Complainant Vs. ……………………… ……………………… Accused Complaint under section 138  read with section 142 of the Negotiable Instruments Act, 1881 MAY IT PLEASE YOUR HONOUR The Complainant above-named most respectfully submit as under : 1. That the Complainant above-named is a registered partnership firm/a company limited registered under Indian Companies Act, 1956 having its registered office at…….. and a branch at………carrying on a business of………., The Complainant is one of its partners/directors duly authorised by firm/company to file this complaint. A copy of resolution/power of attorney is annexed. 2. That the accused above-named is an individual/firm/company carrying on the business of ……., from its office mentioned in the title 3. That the accused above-named had placed the order for supply of goods/requested for the services of the Complainant from the Complainant on…………… A copy of order/letter/communication from the accused is annexed. 4. That the complainant soled supplied and delivered the require goods to the accused and the accused has received the same/rendered the services. A copy of receipt, challan, letter acknowledging debt is annexed herewith. 5. To fulfill the liability the accused issued a cheque bearing No……….. dated……. drawn on ….…….. for Rs………(Rupees…………only) in infavour of the company.  Upon depositing the said cheque was returned/dishonoured by his banker of the accused for the reason ………….. with bank memo dated …………… 6. That thereupon the complaint sent a notice dated……….. to the accused under section 138 of the Negotiable Instruments Act, 1881 by registered post on…….. demanding the amount of cheque. That the said notice was received by the Accused on ………and the accused failed to repay the amount demanded. 7. The Accused issued the cheque knowing fully that he does not have sufficient balance in his Bank account, thus, he has committed an offence under section 138 of the Negotiable Instrument Act. 8.  That the cause of action against the accused has arisen on …….. (date of return) and on……..(last date of period of notice sent by payee earlier) when after expiry of 15 days period granted to the accused, he failed to repay the debt/amount of the cheque. 9. That as the cheque were issued and/or returned at………. it is within the jurisdiction of this Hon’ble Court and the cause of action of file the complaint has arisen within the jurisdiction of this Hon’ble Court, this Hon’ble Court can take cognizance of the offence. 10. It is, therefore, most respectfully prayed that this complaint be registered by this Hon’ble court and action be initiated against the accused under sections 138 and 142 of the Negotiable Instruments Act, 1881 and the accused be tried and be punished for the commission of offence above mentioned. Advocate for Complainant Complainant Dated :………… LIST OF WITNESSES 1. Complainant. 2. Manager/Authorised officers from Both the Banks i.e. accused and Complainant.  LIST OF DOCUMENTS 1. Copy of Power of Attorney/letter authorising to file complaint. 2. Original Cheque being No………… dated…………       3. Bank return Memo. of Accused and Complainant Bank. 1. Copy of notice dated..……..  2. Postal receipt, A.D Card, UPC  Download Word Document In English. (Rs.40/-)

COMPLAINT UNDER SECTIONS 138 AND 142 OF THE NEGOTIABLE INSTRUMENTS ACT Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-) IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE.................... Shri.................... s/o.................... R/o.................... ................................................................... Complainant versus  .......................................................................... Accused Complaint u/ss. 138 & 142 of the Negotiable Instrument Act, 1881 as amended by Act 66 of 1988. The complainant respectfully submits as under: — 1. That the accused is Proprietor of............................................................. dealing.................... 2. That the accused took loan of Rs..................... from the complainant and executed a pronote on.................... for Rs..................... (A photocopy of the pronote is Annexure.................... ). 3. That the accused issued Cheque No..................... dated.................... for the sum of Rs..................... (Rupees.................... only) drawn on.................... and gave it to the complainant to discharge his liability with respect to the said loan amount/pronote. (Photocopy of cheque is Annexure.................... ). While issuing the said cheque the accused assured the complainant that the cheque will be honoured on its presentation. 4. That the complainant states that the cheque was presented for collection through the complainant’s bank.................... on........................................ and the said cheque was returned on.................... as unpaid due to insufficiency of funds in the account of the accused in the bank with a memorandum ‘refer to drawer’. (Photocopy of the memorandum of the bank is Annexure:.................... ). The accused had thus dishonest and guilty intention right from the beginning at the time he issued the aforesaid cheque. 5. That the complainant immediately thereafter contacted the accused and apprised him about the dishonouring of the cheque but the accused did not pay any heed. 6. That the complainant states that within fifteen days of the receipt of his information from the bank regarding dishonour/the return of the cheque as unpaid, he send a registered AD and U. P. C. notice dated................... through his lawyer .................... to the accused on.................... vide postal receipt No..................... dated .................... (Post Office.................... ) calling upon the accused for payment of the said amount alongwith interest due on the dishonoured cheque within fifteen days from the date of the receipt of the notice. The accused acknowledged the receipt of the said notice vide acknowledgement due. (The photostat copies of the postal receipt of the Registered A. D. Letter/U. P. C. and the A. D. Card are Annexures..................... The photostat copy of the legal notice is Annexure.................... ). The accused having received the notice on..................... has failed to make payment within fifteen days of the receipt of the legal notice. That the accused is deemed to have received the Notice on.................... as the Notice was sent under Registered A/D and as well U. P. C. on.................... The accused having received the notice on.................... has failed to make payment within fifteen days of the receipt of the legal notice. 7. That the complainant submits that accused had issued the cheque without sufficient funds in his bank account. Therefore the accused committed the offence u/s. 138 of the Negotiable Instrument Act, 1881 as amended by the Act 66 of 1988 and is liable to be punished. 8. That the complainant further submits that the Accused intentionally induced the complainant to render loan assistance/to him with preintention not to pay and thereby has cheated the complainant & committed offences u/ss. 415 and 420 of I. P. C. 9. The cause of action for the present prosecution arose on the 16th day i. e. .................... after the expiry of 15 days of receipt of the aforesaid legal notice, and due to non-payment of the amount by the accused. 10. That the complainant further submits that he has filed the complaint within one month from the date of expiry of the fifteen days time given under the law for the payment of the said money. The said cheque was issued at..................... presented at the.................... where the cheque was returned as unpaid by complaints Bank and so this Hon’ble Court has jurisdiction to take cognizance of the offence. 11. The accused has thus committed the offences punishable under Sections 415 & 420 I. P. C. and Section 138 of the Negotiable Instruments Act, 1881, as amended in 1988. The complainant, however, chooses to prosecute the accused only for the offence under Section 138 of the Negotiable Instruments Act an amended because of the said remedy being more efficacious and speedier. It is, therefore, prayed that the accused may be summoned to face the trial under Section 138 of the Negotiable Instruments Act, 1881, as amended in 1988, tried and punished thereunder in accordance with law. It is also further prayed that this Hon’ble Court may be pleased to order for the payment of the compensation out of the fine amount u/s. 357 of Cr. P. C. read with S. 117 of Negotiable Instruments Act to the complainant as follows: (1) Cheque Amount Rs. ....................... (2) Bank Service Charge Rs. ....................... (3) Notice Charge Rs. ....................... (4) Advocate’s Fees Rs. ....................... (5) Interest Amount (upto........) Rs. ....................... Total Rs......................... (plus interest  @......... till  payment Complainant List of Witnesses 1. Complainant 2. The Manager/Official Bank  Branch The official of the Bank with the record to show that the accused did not have sufficient amount of funds in his Bank A/c. No.…………… on the date when he issued the cheque and also on the date the cheque was presented and dishonored. 3. Any other witness with the permission of the court.  Dated at .................. this ............... day of.................... COUNSEL FOR COMPLAINANT List of Documents 1. Dishonoured Cheque 2. Bank’s Return Memo 3. Complainant’s Bank Return Memo 4. Copy of Notice served on the Accused 5. Postal Receipt of Regd. A. D. Notice and U. P. C 6. Acknowledgement Card 7. Pronote 8. Special Power of Attorney 9. Chronological statement CASE LAW S. 138 Negotiable Instruments Act QUASHING OF COMPLAINT ON GROUND THAT COMPLAINT DID NOT DISCLOSE DATE ON WHICH NOTICE SERVED. Mere fact that date of delivery of notice under Section 138 Clause (c) of proviso of Negotiable Instruments Act is not mentioned in the complaint does not affect maintainability of complaint.1 DISHONOUR OF CHEQUE (SECTION 138 OF N. I. ACT) The offence under section 138 of the Negotiable Instruments Act, can be completed only with the concatenation of a number of acts. Following are the acts which are components of the said offence: - (1) Drawing of cheque. (2) Presentation of cheque to the Bank. (3) Returning the cheque unpaid by the drawer bank. (4) Giving notice in writing to the drawee of the cheque demanding payment of the cheque amount. (5) Failure of the drawer to make payment within fifteen days of the receipt of notice.. It is not necessary that all the five acts should have been perpetrated at the same locality. It is possible that each of those five acts could be done at five different localities. But concatenation of all the above five is a sine qua non for the completion of the offence under section 138 of the Act.2 NOTICE — SERVICE OF Service of notice of demand in clause (b) of the proviso to section 138 of Negotiable Instruments Act, 1881 is a condition precedent for filing a complaint under section 138 of the Act.3 NOTICE OF DEMAND (SECTION 138 PROVISO (B)) A notice cannot be faulted if in addition to "cheque amount" any other sum by way of interest, cost etc. is separately indicated.4 1. S. K. Trading & Co. v. Beerbal Dass Jindal, 1996 (3) Crimes 8 (All). 2. K. Bhaskaran v. Sankaran Vaidhyan Balan, AIR 1999 SC 3762. 3. Central Bank of India v. M/s. Saxons Farms, AIR 1999 SC 3607. 4. Suman Sethi v. Ajay K. Churiwal, AIR 2000 SC 828. DISHONOUR OF CHEQUE — COMPLAINT OF Mere presentation of the complaint in the court cannot be held to mean that its cognizance had been taken by the Magistrate.5 DISHONOUR OF CHEQUE — PROSECUTION OF COMPANY The winding up proceedings of a company do not render debt unenforceable.6  DISHONOUR OF CHEQUE — COMPANY DECLARED SICK The fact that the company has been declared sick before expiry of period for payment of cheque amount does not save it or its directors from criminal prosecution.7 Complaint under section 138, Negotiable instruments Act can be filed by power of attorney holder of payee. It is obligatory on court under Section 139 of Negotiable Instruments Act to raise presumption in every case where factual presumption has been established.8 Proceedings under Section 138 Negotiable Instruments Act cannot be quashed in a petition under Section 482, Cr. P. C. on a plea that petitioner director of the accused company had resigned much prior to cause of action had arisen for the case.9 To prosecute a director of company for offence under Section 138 of Negotiable Instruments Act a bald allegation by merely repeating those words mentioned in Section 141 of the Act would not be enough and there must be something more clearly stated in complaint.10 In a prosecution under Section 138/141 of Negotiable Instruments Act where cheque has been issued by a partnership firm, all the partners are not liable for prosecution on a contention that their liability was joint but only those partners could be prosecuted who were in charge of and were responsible for conduct of business of firm.11 Cause of action for filing complaint under Section 138 of Negotiable Instruments Act arises only once and time for filing complaint would start running from the date of service of notice issued under Section 138(b) of the Act.12 5. Narsingh Das Tapadia v. Goverdhan Das Partani, AIR 2000 SC 2946. 6. Pankaj Mehra v. State of Maharashtra, AIR 2000 SC 1953. 7. Kusum Ingots and Alloys Ltd. v. Pennar Peterson Securities Ltd., AIR 2000 SC 954. 8. Y. Sreelatha @ Roja v. Mukanchand Bothra, 2002 (2) Crimes 19. 9. Smt. Sunaina R. Mathani v. National Capital Territory of Delhi, 2002 (2) Crimes 61. 10. Neeta Bhalla (A-4) v. S. M. S. Pharmaceutical Ltd. Hyderabad, 2002 (2) Crimes 89. 11. Punjab State Coop. Supply & Marketing Federation Ltd. v. M/s. Malerkotla Rice Mills, 2002 (2) Crimes 178. 12. Mohammed Jakeer v. Ch. Koli Reddy, 2002 (2) Crimes 188. Bouncing of cheque with remarks drawer’s signature incomplete would also attract offence under Section 138 of Negotiable Instruments Act.13 Once notice under Section 138 of Negotiable Instruments Act has been sent by regd. post on the correct address and is returned with an endorsement that "party was not available" it shall be deemed to have been served.14 The complaint filed under Section 200, Cr. P. C. or under Section 142 of the Negotiable Instruments Act would not ipso facto terminate or abate upon the death of the complainant and his LRs., their agents or power of attorney holder could be permitted to prosecute the complaint under Section 302(2), Cr. P. C. or under Section 142 of the N. I. Act.15 Cheque drawn for a loan four years prior to the issuance of cheque does not cease to be legally enforceable for a complaint under Section 138 of the Negotiable Instruments Act, 1881.16 Cheque given by accused in favour of bank for issuance of Demand Draft in favour of complainant for amount payable to complainant will make complainant payee of cheque and on dishonour of cheque, complainant was competent to maintain complaint under Section 138 of Negotiable Instruments Act.17 A cheque which has become invalid because of the expiry of the stipulated period could be made valid by alteration of dates.18 A state cheque can be revalidated by drawer. Change in date with consent is not material alteration. Whether change in date was voluntary or involuntary is a question of fact which has to be established by evidence. High Court was thus wrong in quashing complaint on alleged change in dates of earlier dishonoured cheques.19 13. Vinod Tanna v. Zaheer Siddiqui, 2002 (1) Crimes 104. 14. M/s. VIF Airways Ltd. v. M/s. Aishu Finance Ltd., 2002 (2) Crimes 205. 15. Jimmy Jahangir Madan v. Mrs. Bolly Cariyappa Hindley, 2002 (1) Crimes 291. 16. A. V. Murthy v. B. S. Nagabasavanna, 2002 (1) Crimes 306 (SC). 17. Ram Kasyyap Chits Pvt. Ltd. Visakhapatnam v. Chinnam Krishna Murthy, 2002 (1) Crimes 673. 18. Veera Exports v. T. Kalavathy, AIR 2002 SC 38. 19. Veera Exports v. T. Kalavathy, 2002 (1) Crimes 123 (SC). IN THE COURT OF......................................... Complaint No......................... of 200 In the Matter of: - AB............................................................. Complainant versus  CD.................................................................... Accused APPLICATION FOR RECALLING THE SUMMONING ORDER DATED ........................ ON BEHALF OF ACCUSED/APPLICANT Most Respectfully Showeth: - 1. That vide order dated........................ this Hon’ble Court was pleased to issue process to the applicant for an alleged offence under section 138 N. I. Act, 1881. 2. That the said order of summoning the applicant as an accused is bad in law on the following amongst other grounds and is liable to be recalled: - GROUNDS a. Because the complaint is barred by limitation as per record produced by the Complainant, the bank’s intimation/advise regarding return of cheque is dated........................ and the notice under section 138 N. I. Act was to be given within 15 days from ................................................ but the alleged notice is purported to be dated................................................ and was sent on........................ which on the face of it is beyond the prescribed period of limitation provided under section 138 N. I. Act and as such the Complaint is incompetent and liable to be dismissed on this ground alone. b. Because a perusal of the Complaint would show that there is no allegation whatsoever as to on what date the alleged notice dated ........................ was allegedly delivered to the applicant and when the cause of action arose to the complainant for filing the complaint, in the absence of it is settled law that cause of action for maintaining a Complaint under section 138 N. I. Act, arises on the failure of the addressee to pay the demanded amount within 15 days from the receipt of the notice. In this case admittedly no notice was ever served upon the applicant. c. Because the Complainant is alleged to have sent the alleged notice on two addresses: - (1) ....................... (2) ....................... The Complainant have however filed one envelope addressed at address No. 1 stated above, and which contains a remark "Refused" dated......................... It is pertinent to point out that the said envelope does not contain any Postal Stamp of any post office which shows that the envelope filed with the complaint is manipulated one and the envelope sent to post office has been replaced by the envelope filed in the Complaint and the Complainant is guilty of an offence of perjury for which the applicant reserves right to file an application under section 340 Cr. P. C. relating thereto. d. Because the alleged notice dated........................ is purported to have been sent on........................ at the address ................................................ and is purported to have been refused en.......................... However the Complainant has not examined anyone from the Postal Department to prove that it was refused by the addressee. It is respectfully submitted that the applicant is not residing at the address................................................ at which address there are number of shops and it is not the exclusive address of the applicant place of business. e. Because neither in the Complaint nor in the statement of the complainant it has been averred or stated as to what was the fate of the alleged notice said to have been sent at the address f. Because there is not an iota of evidence of the Complainant being partner of applicant which assertion is falsified from the very fact that the alleged cheque itself shows that the applicant was sole proprietor of the firm and the cheque in question was without consideration whatsoever. In this connection it is submitted that the Complainant who used to visit the applicant frequently. During one such visit, when the applicant needed money urgently and the closing hour of the bank was nearby, the applicant hurriedly signed a cheque and gave it to the Complainant who offered to get the same encashed by going to the bank. The Complainant came back within 15 minutes and handed over the cash................................................ to the applicant. It now transpires that he retained the cheque fraudulently and dishonestly by filling it up of the sum filed by him and has now filed the present Complaint for dishonest gain.  3. That this Hon’ble Court passed the summoning order without taking into the aforesaid important facts which go into the root of the matter and ning order is bad in law far it does not give any reasons for coming to the prima facie that an offence under Section 138 N. I. Act had been made out. PRAYER It is therefore prayed that this Hon’ble Court may be pleased to recall summoning order dated......................... and drop the proceedings against applicant. This Hon’ble Court may be pleased to pass such further order(s) as ma complete justice on the facts and circumstances of the case. Applicant/ Accused Through Advocate Place:................ Dated:................. IMPORTANT NOTE CHANGES MADE BY THE NEGOTIABLE INSTRUMENTS (AMENDMENT AND MISCELLANEOUS PROVISIONS) ACT, 2002 WITH EFFECT FROM 17. 12. 2002 (1) The period of notice by the payee to the drawer has been increased from fifteen to thirty days. (Section 138) (2) Punishment prescribed under the Act has been increased from one year to two ye (Section 138) (3) Person nominated as a director of a company by virtue of his holding any office employment in the Central Government or State Government or a financial cor ration owned or controlled by the Central Government or the State Government, the case may be, shall not be liable for prosecution under Section 141 of the (Section 141) (4) Discretion has been vested in court to waive period of one month for taking cog zance of the case under the Act, if complainant satisfies the court that he had su dent cause for not making a complaint within such period. (Section 142) By the Amendment Act 2002 Sections 143 to 147 have been inserted to provide for—  (a) Summary trial of the cases with a view to speed up disposal of cases and the Mar trying an offence empowered to pass sentence of imprisonment for a ter ing one year and amount of fine excreding five thousand rupees; (Sec (b) Procedure for service of summons to the accused or witness by the post or by such courier services as are approved by a Court of. 144) (c) Evidence of the complainant on affidavit and on application of summon and examine any person giving evidence on affidless. tained therein; (Section 145),  (d) Bank’s slip or memo prima facie evidence of fact of dishonour of cheque unless and until such fact is disproved; (Section 146)  (e) Offence under the Act compoundable; (Section 147) **********

Notice u/s 138 of the negotiable instruments act ADVOCATE'S NAME.............................................................PARTY'S NAME  ADDRESS.................................................................................ADDRESS Dated................. Notice (by registered a.d.) To Shri …………………… Sir, Under instructions from and on behalf of my client, Shri ……… Mumbai ………, I have to address you as follows: 1. That my client and yourself happened to be old friends, and as such the relationship between you two has been established for a very long time. 2. That my client has been running his business in readymade clothe; and hosiery in Mumbai city. 3. That the business of my client is that of a wholesaler, and he supplies clothes and hosiery to various businessmen in and around the city. 4. That recently, you have also started your business in readymade clothes and hosiery as a retailer having a shop in the suborn of the city. 5. That since the beginning of your business, you used to purchase ready clothes and hosiery from the shop of my client on credit basis and you also used to make the payment for the same within a period as agreed by and between my client. 6. That my client says that you had been regular and punctual in making the payment for the materials purchased by you from the shop of my client, and every time, you used to issue cheques towards the payment of bills on that account. 7 That the last time, on................., you had purchased the material for Rs.50,000/- and issued in favour of my client a cheque for that amount. That my client, as usual, presented the said cheque to his banker, Bank of Maharashtra, Karve Road Branch, on.................for encashment. 8. That, however, the Bank has returned the said cheque to my client with an endorsement "Dishonoured for insufficient balance". That since the said cheque has been dishonoured for the reason of "Insufficiency of funds", you may be held liable civilly as well as criminally particularly under section 138 of the Negotiable Instruments Act and provisions of the Code of Civil Procedure.  9. That my client does hereby call upon you to make the payment of the said amount of Rs. 50,000/- within fifteen days from the receipt of this notice, failing which my client will be constrained to take against you an appropriate legal action including filing of a criminal complaint, which please note. 10. That since your illegal behaviour has necessitated the issue of this notice, you are hereby charged with its costs, i.e. Rs. 1,500/-, which also please further note. Yours faithfully,  [ Harshad Badhbade]  ADVOCATE. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

Notice u/s 138 of the negotiable instruments act & sec. 420 of the Indian penal code Advocate Address Party's Name Address Dated Notice (by registered a.d.) To Smt…………………………………………… Madam,                      Under instructions from and on behalf of my client, Shri ……………………………… Mumbai …………, I have to address you as follows : 1. That on account of some acquaintance of my client with your husband, Shri ……….., my client has had occasions to know and meet you. 2. That since you have been running business under the name and style as Everest Tours & Travels, you proposed to expand the said business. 3. That for the said purpose of the expansion of your business, in December 2009, you were in need of more finance, and through the good offices of your husband, you made my client to pay you an amount of Rs. 40,000/-. 4. That taking into consideration the relationship between my client and your husband, my client paid to you an amount of Rs. 40,000/ - in cash, as detailed below: Rs. 40,000/- 5. That at the time of the payment of the said amounts by my client, you had promised him that the amount paid by my client would be repaid and refunded to him within a short time, say within a year or so. 6. That in spite of your promise to return the said amount unto my client, you failed to do so, and at the time of every demand to you, you have only gone to postpone the promises. 7. That with a view to making the repayment of the said amount untomy client, you have finally issued in his favour a cheque bearing No. 048060, dated  15.7.200.., for Rs. 40,000/-, drawn on the Vidya Sahakari Bank Limited, Aundh Road Branch, Mumbai..  8. That when my client presented the said cheque to his bank, Cosmos Cooperative Bank Limited, Laxmi Road Branch, Mumbai, on 15.7.2009, the said Bank returned the said cheque with remarks "Refer to drawer". 9. That in the mean time, your husband had already contacted my client with  a request to re-present the cheque to the Bank, saying that there was no necessary balance in your account and that immediate arrangements would be made so as to clear the cheque in favour of my client. 10. That accordingly my client again presented the said cheque to the Bank for encashment on 25.7.2009, but the said cheque was dishonoured. 11. That from the total behaviour on your part with respect to the said transaction, my client has come to a tacit conclusion that when the Bank of my client has returned the said cheque to my client, while issuing the said cheque, you already had dishonest intention to cheat my client of the said amount,  and it was also a case of "Dishonoured for insufficient balance". 12. That, thus, the cheque which was issued by you in discharge of your liability has been dishonoured for the reason of insufficiency of funds. 13. That since then, my client has been making efforts to contact you personally, but you could not be available anytime anywhere, and hence, my client has come to the final conclusion that you have some ulterior motive to the effect that you are not sincere in making the repayment of the amount taken by you from my client. 14. That from the total behaviour on your part, my client has drawn a clear inference that you have done so with a view to deceiving and cheating my client, and you did not bother either for the dishonourof cheque or then making yourself available immediately. 15. That it also appears that your intentions were not good when you issued the said cheque for the amount which you did not have in your account, and since you knew it very well, you have tried to commit not only a civil breach but also a criminal offence within the provision, meaning and interpretation of civil as well as criminallaw. 16. That since the said cheque has been dishonoured for the reason of "Insufficiency of funds", you may be held liable civilly as well as criminally particularly under section 420 of the Indian Penal Code, section 138 of the Negotiable Instruments Act and provisions of the Code of Civil Procedure. 17. That under the circumstances, you are hereby called upon to pay unto my client an amount of Rs. 40,000/- (Rupees Forty Thousand only) together with interest @ 15% per annum, WITHIN FIFTEEN DAYS from the receipt of this notice, failing which my client will be constrained to take against you an appropriate legal action including filing of a criminal complaint, which please note. That since your illegal behaviour has necessitated the issue of this notice, you are hereby charged with its costs, i.e. Rs. 2,100/-, which also please further note. Yours faithfully,  ADVOCATE. Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)

Pro-forma of a complaint under section 138 by a firm In the Court of Additional Chief Metropolitan Magistrate………………….Court At…………… ……………….. Complaint No……………… 20……. M/s…………………… ………………………. through : Shri…………. Partner of the firm …Complainant Vs. Mr……………………. Proprietor/Partner …Accused ………………………. Complaint under section 138  read with section 142 of the Negotiable Instruments Act, 1881 MAY IT PLEASE YOUR WORSHIP  That the complainant most respectfully submit as under :  1. The complainant is a partnership firm having their registered office at mentioned in the title and the accused was purchasing goods from the complainant on credit bases. 2. To fulfill the liability the accused had issued a cheque being No………… dated………… of Rs………… drawn on …………. towards part payment. The said cheque was presented by the complainant in their bank on ……………… for encashment, but the said cheque return unpaid by the banker of the accused for the reason …………………. with the Bank memo dated…….. 3. The complainant approach their lawyer who sent a legal notice dated……… under clause (b) of the proviso to section 138 of the Negotiable Instruments Act, 1881 and demanded from the accused the amount of the dishonoured cheque. However, the said notice was refused to be accepted by the accused, means the accused was aware about the contains of the letter.  4. That since the accused did not make any payment under the said cheque, despite sending said legal notice, which was refused to be accepted, the complainant is left with no alternative, but to file the present complaint under clause (b) of section 142 against the accused for the offence committed by him under the provisions of the Negotiable Instruments Act, 1881, resulting from the dishonour of the cheque for reasons, “…………………..” in his account as indicated in the returning memo. dated…….. sent by his bankers. 5. The cause of action has arisen on account of the dishonour of the cheque dated…………… for Rs………… issued by  the accused, as indicated herein above. It also arose  on………….. when the complainant received the debit advice dated……… with regard to the dishonour of the cheque from their bankers and also when the legal notice dated………… was sent by the complainant which was refused to be accepted by the accused on……….. 6. That the cause of action has arisen within the jurisdiction of this Hon’ble Court and the payment was also actually to be received at………… and hence this Hon’ble Court has jurisdiction to try and adjudicate upon the present complaint. That the complaint is being filed within limitation as prescribed under the law.  7. It is, therefore, most respectfully prayed that the present complaint be registered and summons issued against the accused in accordance with law, who may tried and punished in accordance with law. LIST OF WITNESSES 1. Complainant  2. Manager/Officers/Clerk of the Bankers of the Accused. 3. Manager/Officers/Clerk of the Bankers of the Complainant.  LIST OF DOCUMENTS 1. Original returned cheque  with  Bank memos debit advices and returning memos. 2. Copy of notice the letter dated………………..with postal receipt UPC and AD cards. Advocate for Complainant Complainant Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Notice to branch manager, claiming damages for payment of cheque, for which stop payment orders was issued   ............................... . ………………………… Advocate ………………………… Date:   The Branch Manager,  XYZ Bank Ltd., ....................... Branch, ..........................Road     Dear Sir,   Under instructions and for and on behalf of my client Ms ...........................  .........................resident of……………I hereby give you the following notice:   1. That my client is maintaining Saving Bank Account No ……………with your branch with effect from ……………   2. That my client issued instructions to you to stop the payment of cheque No. ............................ dated…………… for Rs ……………drawn in favour of M/s. …………… vide his letter dated……………which was duly acknowledged by Shri . …………………………Assistant Manager of your branch.   3. When my client got his pass book updated on he came to know that the cheque No……………dated…………… for Rs ……………issued by my client, about which stoppage instructions were issued to you, has been paid and debited to my client's account.   4. The payment of the said cheque by your branch was made negligently and carelessly, due to which my client has incurred a loss of Rs . ..................................... Therefore, you are liable to pay back the said amount to my client with interest @ 2% per month or part of the month from the debit of the said amount upto the date of refund.   5. By this notice, I hereby call upon you to pay Rs ……………alongwith the interest @ 2% per month or part of the month from the date of the debit of the said amount from the account of my client to the date of refund, failing which my client will be constrained to file a complaint against you for deficiency in your services and recovery of the said amount from you, at your entire risk, as to costs and consequences.    Yours faithfully,   (Ms…………………………)     Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

REGISTERED A. D.NOTICE FOR DISHONOUR OF CHEQUE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881. ABC  Dear Sir, Under instructions and on behalf of my client.................................................. ..................................................... resident of................................................................ .............................., I serve upon you this notice as in the succeeding paragraphs: - 1. That you issued cheque No,....................... dated................................. for Rs.................. to my client towards........................................................................ 2. That the said cheque was presented by my client through his banker on your banker but the same had been returned by your banker with the remarks "Insufficient funds.’’ 3. That my client immediately on return of the cheque by your banker contacted you over telephone as well as personally but you advised my client to present the cheque again on the assurance that the same will be honoured. 4. That on your assurance my client again presented the cheque to your banker through his banker but the same was again returned by your banker with the same remarks "Insufficient funds". 5. That my client on return of the cheque again contacted you over telephone but you again advised my client to present the cheque again. However my client requested you to make the payment of the cheque but you failed to do so. Now through the medium of this notice, I call upon you to make the payment of Rs.................................. representing the cheque amount with interest at .......................... from the date of issue of the cheque till payment within fifteen days of the receipt of this notice failing which my client shall be compelled to file complaint against you under section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code in a Court of Law having jurisdiction in the matter at your risks and costs. I have kept a copy of this notice in my record for future reference. Advocate Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT FOR DISHONOUR OF CHEQUE Registered A. D. Dated.......................... M/s........................... ........................... Dear Sirs, Under instructions and on behalf of my client........................... I serve you this notice as in the succeeding paragraphs: — 1. That Shri.......................... of the Company had approached my Client M/s........................... for supply of its product for sale in the State of.......................... 2. That since Shri.......................... was also a Director of........................... the authorised dealers of my client’s products in the State of.......................... my client had agreed to supply its product to your company. 3. That my clients at the request of Shri.......................... the Director of your Company, supplied its various products worth Rs........................... against invoice No........................... dated.......................... 4. That the company had given a cheque No........................... dated .......................... for Rs........................... drawn on the.......................... to my client in payment of the supplies made by my client vide invoice No........................... dated .......................... to you. 5. That my client presented the said cheque to the Banker of the company, .......................... for payment. However, the Banker of the company has returned the said cheque to my client on.......................... with the remarks "Refer to drawer". 6. That my client on receipt of the cheque as unpaid from the Bankers of the company sent a notice of dishonour No........................... dated.......................... intimating therein about the dishonour of the cheque No........................... dated .......................... for Rs........................... given to my client in payment of materials despatched by my client to you. In the said notice of dishonour my client had intimated that in case payment of dishonoured cheque is not received within seven days of the receipt of the letter my client shall proceed to recover the amount of the cheque by taking recourse to legal proceedings. 7. That despite the said notice of dishonour, you have failed to make payment of the dishonoured cheque to my client within the stipulated period of seven days. 8. That you are liable to pay to my client the sum of Rs........................... with interest @.......................... per cent per annum till date of payment which you have failed and neglected to pay to my client despite notice of dishonour served on you.  I now call upon you through the medium of this notice to pay to my client the sum of Rs........................... with interest @.......................... % per annum till payment is made to our client and in case payment is not made to my client within fifteen days from the date of receipt of this notice, I have instructions from my clients to institute appropriate legal proceedings against your company and its directors for the recovery of the said amount in the court of law having jurisdiction over the matter and in such an event your company shall be liable for all costs and expenses. The cost of this notice is Rs........................... which you are also liable to pay. I have kept a copy of this notice in my office record for future reference. ...........................Advocate Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

Form of a notice to the drawer To Mr………………………….. …………………………….. ……………………………. Dear Sir, On behalf of our Client, M/s……………………….. having their registered office at…………….. we have to serve you with the following legal notice under section 138 (read with section 141 in case of a company) of the Negotiable Instruments Act, 1881. Our client states that you had placed an orders dated………….. to buy electronic goods from our client, and  as per your order our client sold, supplied and delivered  the goods as per your instructions to your……………… (Office) on…………….. and the delivery challans were signed by you in token of having received the goods. OR Upon request made by you our clients lent you Rs…………………. (Rupees……………….) on………. receipt of which you acknowledged the debt vide your Receipt No…………… dated…………. giving details about the debt, interest and payment thereof at appropriate future date. 1. To fulfill your liability towards supply of goods/payment of debt, you issued a cheque  No…………. dated …………. drawn on……………… (Bank) for Rs……………… in our clients favour. The said cheque was presented in our clients bank on …………………………. upon inquire regarding honour of the said cheque, our client shocked and surprised that said cheque was return unpaid by your bank along with Bank Memo dated………….., for the reason “refer to drawer”  2. Under the circumstances, we hereby called upon you to make payment to our client an amount of Rs………….. covered under dishonoured cheque within 15 days of receipt hereof, failing which,  we shall be constrained to take legal action against you under the provisions of sections 138 to 142 of the Negotiable Instruments Act, 1881 at your entire cost and consequence which you please note.  Yours truly ADVOCATE Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

Form of a notice on behalf of an individual by an Advocate To, Shri…………………. …………………….. Dear Sir, On behalf of my/our clients Shri………..……………………………… S/o. Shri…………………………………. R/o………………………..I/We like to serve upon you the following notice : 1. That you are purchasing consumer Goods from my/our client on credit basis from time to time from last numbers of years.  2. My/Our books of account shows an amount of Rs………………. is due to you upto ……….[date] towards the said goods supplied to you.  3. To fulfill you liabilities you have issued  a cheque being No……………. dated…………… of Rs…………. drawn on ………………………..Bank …………… Branch, in  my/our favour. 4. That the said cheque was deposited with the bank by my/our client for payment on……………… However, to his/their surprised that the said cheque was returned unpaid on………………….. on account of insufficiency of funds in your account.  5. That you apologized to our client for the dishonour of the cheque and promise to deposit sufficient amount in your bank so that cheque could be realised and request to represent again. As per your assurance and instructions, the said cheque was re-deposited again by our client on……………….. However, it is a matter of extrem regret that the said cheque was dishonoured  again…………………….with the remarks “Refer to drawer”. 6. That the above facts make it abundantly clear that you have mischievously and intentionally issued the aforesaid cheques with ulterior designs and further instructed our client to present the same for encashment again, knowing fully well that the said cheques would not be honoured on presentation on account of insufficiency of funds in your account or that it would exceed the amount arranged to be paid from that account. 7. That on account of the above acts, you are liable to be prosecuted under section 138 of the Negotiable Instruments Act, 1881 under which you are liable to be punished with imprisonment for a term which may extend to one year or with fine, which may extend to twice the amount of the cheque or with both. Under the circumstances, I/We hereby call upon you to make the payment of Rs………… covered under dishonour cheque  to my/our client within period of 15 days of receipt hereof, failing which, we have definite instructions from my/our client to take necessary action against you in the competent court of law, and in that event, you shall be liable for all the costs and consequences.  You are also liable to pay a sum of Rs……………..towards cost of this notice.  Yours truly, ADVOCATE Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)