IN BEFORE THE COURT OF, LEARNED JUDICIAL MAGISTRATE

FIRST CLASS JUDICIAL MEGISTRATE,

JALANDHAR
M/s Harjinder Singh, resident of “Building no 10, BSF Chowk
Jalandhar, Punjab

………..complainant
VERSUS

Shri Sukhwinder Singh, resident of 52 Model Town, Jalandhar.

…………..Accused

COMPAINT UNDER SECTION 138 read with SECTION 142 OF THE

NEGOTIABLE INSTRUMENT ACT, 1881, AS AMENDED.
Sir,
1. That the accused, Sukhwinder Singh had borrowed Rs.10 lakh in
cash from Harjinder Singh on 5.3.2018 who was his friend for a
period of one year in presence of Balwinder Singh a friend of
Sukhwinder Singh.
2. That at the same time , through an oral agreement ,It was orally
agreed that for one year Sukhwinder has to pay 10% interest on
principal amount, that you had given a post dated cheque bearing
number - 006584,to my client of Rupees-11,00,000/- dated
5.3.2019 ( including interest amount )as security purpose in favor
of my client .
3. That complainant was / is always performing his duties and also
followed the instruction of the accused, my client has correctly
state the facts and has not concealed anything from us.
4. That the accused had failed to perform his part of the contract and
accordingly the complainant served him with legal notice dated
12.03.2019, through his counsel Miss. Inderpreet, calling upon the
accused to perform his part of contract and after receipt of the
above said legal notice, the accused approached the complainant
and requested him to pay the amount which has been stopped due
to dishonored of the cheque.
5. In order to discharge his legal liability towards the complainant,
the accused issued one cheque bearing no 006584, dated
05.03.2019 For 11, 00,000/- rupees only, drawn Bank of Baroda
Jalandhar City main branch in favor of complainant. At the time of
issuance of the above said cheque, the accused assured the
complainant that the said cheque will be enchased on its
presentation in the bank, if he failed to pay the amount then only.
In the same manner my client did the same when money was not
paid to him in cash.
6. That the complainant is maintaining his account with bank State
Bank of India Jalandhar City main branch. As per the assurance of
the accused , the complainant presented the above said cheque
through his banker for encashment , but to the utter surprise of the
complainant , the said cheque has been dishonored vide memo
dated 9.3.2019 With remarks “ fund insufficient “
7. That thereafter, Complainant told the accused about the fate of the
dishonored cheque and further requested him to make payment of
dishonored cheque, but the accused put the matter off and on with
one or the other false pretext and finally refuse to make payment.
Also alleged that accused had already paid you the amount on the
 due date that is on 05-03-2019 due to which I had not kept the
balance in bank account.
8. That with no option, the complainant served with the legal notice
dated 25.03.2019 through registered postdated 25.03.2019 through
his counsel Miss Inderpreet, Advocate, despite receiving the legal
notice accused has failed to make payment of dishonored cheque
and also refused to make the payment of dishonored cheque to the
complainant.
9. That it’s evident from the conduct of the accused that he has
willfully issued the aforesaid cheque to the complainant with an
intention to cheat the complainant knowing very well that there is
not sufficient balance in her account for honoring the afore said
cheque and thereby the accused has render himself liable for the
prosecution under section 138 of negotiable instrument.
HENCE THIS IS THE PRESENT COMPLAINT
10. That the present complainant is being filed within time.
11. The complainant places reliance on the following list document
to support his compliant :-
1) Copy of Memo of bank
2) Copy of RPAD/Registration A.D
3) Copy of Legal notice
4) Copy of reply of accused
5) Copy of cheque bearing no- 006584 drawn on Bank of Baroda

12. That the cheque in question has been dishonored at State Bank of
India Jalandhar City main branch falling under the area of police
station Jalandhar, hence this hon'ble court has jurisdiction entertain
and try the present complaint.
 13. It is, therefore, respectfully prayed that keeping in view the above
detailed submission and circumstances, the accused may kindly be
summoned, tried and deterrent punished under the provision of
section 138 of the negotiable instrument act.
14. Any other additional or alternative relief for which the
complainant found entitled to may also be granted in favor of the
complainant and against the accused.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court

may be pleased to:

a. Summon, prosecute and punish the Accused and also direct the
accused to pay the amount as double to the amount covered under
the said dishonored cheques, under the provisions of Section 138
read with Section 142 of the Negotiable Instruments Act, 1881 as
amended by the Negotiable Instrument, out of the penalty imposed,
the Accused be ordered to compensate the Complainant.
b. Such other and further orders may be passed as may be deemed fit
and proper by this Hon'ble Court.

It is prayed accordingly.

PLACE:

DATED:

COMPLAINANT

THROUGH COUNSEL:
 LIST OF WITNESSES

 Complainant
 Concerned representative office of bank of Baroda , Jalandhar city
Branch
 Postman of Jalandhar City Post office

Verification

Verified that the content of the above complaint in Para 1 to 09 are true
and correct to my knowledge and based on records and those of para 10
and 14 are true on information received and believed to be correct. Last
Para is prayed to this Hon’ble court.
PLACE-JALANDHAR
DATE-

COMPLAINANT
IN BEFORE THE COURT OF, LEARNED JUDICIAL MAGISTRATE
FIRST CLASS JUDICIAL MEGISTRATE,
JALANDHAR

M/s Harjinder Singh, resident of “Building no 10, BSF Chowk

Jalandhar, Punjab

………..complainant

VERSUS

Shri Sukhwinder Singh, resident of 52 Model Town, Jalandhar,

…………..Accused

COMPAINT UNDER SECTION 138 READ WITH SEC 142 OF THE

NEGOTIABLE INSTRUMENT ACT, 1881, AS AMENDED
 LIST OF DOCUMENT

SRL PARTICULAR OF THE DOCUMENTS ANNEXURE

NO. NO.
1 COPY OF COMPLAINT C-1

3 COPY OF CHEQUE C-2

4. COPY OF BANK MEMO C-3

5 COPY OF NOTICE C-4

6. COPY OF REPLY ( LEGAL NOTICE ) C-5

7. COPY OF RPAD/REGISTRATION A.D C-6

PLACE- JALANDHAR
DATE -

COMPLAINANT

ADVOCATE