IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE (DISTRICT __________), DELHI
CRIMINAL COMPLAINT NO. ________ OF _______

X __________________ S/o ________________

… COMPLAINANT

VERSUS

Y __________________ S/o ________________

… ACCUSED

JURISDICTION: P.S. ____________

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

The Complainant above-named respectfully states as under:

1. Details of the Complainant
   That the Complainant is the owner and landlord of flat bearing No. _______, New Delhi.

2. Relationship Between Complainant and Accused
   That the accused is a tenant under the Complainant in respect of flat bearing No. _______ New Delhi, comprising two bedrooms, a drawing-cum-dining room, study room, kitchen, two bathrooms-cum-toilets, and a terrace. The monthly rent was agreed to be Rs. 2500/- for residential purposes with effect from ____________. A true copy of the Lease Deed dated __________ is annexed hereto as Annexure-A.

3. Issuance of Cheque by Accused
   That on ________, the accused issued a cheque bearing No. ________ dated ________ for Rs. _______ drawn on __________ Bank, New Delhi in favor of the Complainant towards the rent of the said premises for the months of ________. The original cheque is annexed hereto as Annexure-B.

4. Dishonor of the Cheque
   That the Complainant presented the said cheque in his account with the ________ Bank, New Delhi on ________. However, the cheque was dishonored upon presentation with the remarks “Refer to Drawer”. The original return memo dated ________ is annexed hereto as Annexure-C.

5. Demand Notice
   That the Complainant, vide notice dated ________, called upon the accused to make the payment of the dishonored cheque amount. The notice was sent via Registered A.D. and U.P.C. A true copy of the said notice is annexed hereto as Annexure-D, along with postal receipts and U.P.C. as Annexure-E (collectively). Despite the legal notice, the accused failed to make the payment within the statutory period of 15 days.

6. Grounds for Prosecution Under Section 138 of the Negotiable Instruments Act

   • That the cheque was presented for payment within its validity period.
   • That the demand notice was issued within the prescribed time frame upon dishonor of the cheque.
   • That the accused failed to make the payment within 15 days of receiving the notice.
   • As such, the accused is liable to be prosecuted and punished under Section 138 of the Negotiable Instruments Act, 1881, as amended up-to-date.

7. Jurisdiction
   That this Hon’ble Court has jurisdiction to entertain and try the present complaint as the dishonored cheque was drawn on __________ Bank, New Delhi, deposited in __________ Bank, New Delhi, and the dishonor was communicated by the said bank, all within the territorial jurisdiction of this Hon’ble Court.

Prayer

In light of the above, the Complainant most respectfully prays that this Hon’ble Court may be pleased to:
a) Summon the accused under Section 138 of the Negotiable Instruments Act, 1881;
b) Try and punish the accused according to law for the said offense; and
c) Pass any other or further orders as this Hon’ble Court may deem fit and proper in the interest of justice.

New Delhi
Date: _________

THROUGH

ADVOCATE FOR THE COMPLAINANT

List of Witnesses

1. The Complainant.
2. The banker of the Complainant with records related to the cheque in question.
3. The banker of the Accused with records related to the cheque in question.
4. Any other witness as may be deemed necessary during the proceedings.