Problem:  If ABC Pvt. Ltd, drawn a cheque for payment of sale of goods, purchased from XYZ. The cheque was dishonored by bank on account of insufficient balance.  Draft a criminal complaint under suitable section in the court of law.




In The Court Of Honorable Judicial Magistrate of First Class At Vadodara


Complainant:                                                          Age                        Occupation

Mr. XYZ                                                                   40                           Businessmen

Address: C-305, Sudarshan society,

VIP Road, Vadodara


Accused:                                                                       Age                          Occupation                           

M/S ABC PVT. Ltd                                                        35                               Businessmen

Address: D-401, Panchamrut Residency,



Subject: Complaint under Section 138 of Negotiable Instrument Act, 1881

  1. That complaint herein is engaged in the business of sale of goods and is well established in all over India.
  2. That the accused is the director of a company, incorporated under Companies Act, 1956 and the accused is the authorized signatory of the Company.
  3. That the accused are carrying on the business of construction raw materials and placed the purchase order for requiring sale and supply of the products as per their requirement. The complainant herein had supplied the required goods that were requisitioned by the accused and the accused had received the said goods and used them. Thus the accused have purchased goods from complainant pursuant to a contract satisfactorily performed by the complainant. Thus the accused have already received and realized the goods and therefore in consideration thereof the accused have issued a cheque to discharge their financial liability which came into existence due to the contract between the accused and the complainant herein.
  4. This in furtherance of for discharging the liability the accused have issued a cheque no………. dated 10/04/2021 of Rs……… in favors of complainant and is signed by the accused herein.
  5. That the Bank Of Baroda, Alkapuri Branch, situated at National Plaza, Alkapuri, Vadodara is the bank with which accused are having their business account and from out of the said account the accused had drawn and issued the  aforementioned  cheque  in  favor  of  the  complainant  in  order  to discharge their liability.
  6. That the complainant had presented the said cheque with their bank via HDFC Bank. That upon the presentment of the above referred cheque, the same has not been honoured by the accused banker and said cheque was returned   with   written   memo   dated   15/04/2021   showing   reason   as “insufficient fund”. Therefore the complainant had contacted accused and informed them about dishonor of cheque via e-mail dated 17/04/2021 at 18:35 hours.  Thus  the  cheque  has  been  dishonored  by  their  banker  as envisaged under section 138 of Negotiable Instruments Act, 1881.
  7. That the cheque is drawn and signed by accused on and is drawn in favor of complainant in discharge of liability of the accused in full for making payment of the complainant as above.
  8. That in view of facts and circumstances as described above the cheque was issued and was dishonored, therefore as required by the section 138 of the Negotiable Instruments Act, notice dated 25/03/2021 was issued calling upon the accused to make payment of Rs……….within the stipulated time frame from the receipt of the notice.
  9. The complainant having address and served the notice to the accused by R.P.A.D. the copy whereof is submitted with separate list of documents.
  10. Thus it is admitted fact that the above mentioned cheque is drawn in discharge of liability of the accused and the said accused hopelessly failed to fulfill their obligation of making payment of Rs……….. as demanded via notice dated 25/03/2021. That the accused have received the said notice and have not  compelled  with  the  said  notice  constituting  an  offence  under section 138 of the Negotiable Instruments Act, 1881.
  11. Thus the accused have also committed an offence under section 406 and 409 of IPC in as much the accused have cheated and deceived the complainant as the accused had given assurance that the cheque would be cleared. The said accused is also liable for criminal breach of trust. It is therefore, humbly submitted that the accused is   simultaneously   liable   for   prosecution   under   Negotiable Instruments Act and Indian Penal Code.
  12. The said accused therefore are the person who can be deemed  to have committed the offence and are required to be dealt in accordance with law.
  13. In the fat s and circumstances presented above, the complainant humbly prays that,
  • Non-bailable warrant/summons may be please issued to the accused,
  • That the said  accused  herein  may please  be dealt  with  maximum punishment under the Negotiable Instruments Act and accordingly the said accused herein may be imposed with imprisonment of maximum term including fine together there with,
  • Any just and proper relief may also be given to  the complainant against the accused.


Place:  Vadodara                                                                                           …………………….

Date: 20/04/2021                                                                                        (Sign of Complainant)


(Sign of Advocate)








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