The complainant filed a criminal complaint against the accused in the Court of Chief Metropolitan Magistrate. The complainant was the landlord of a property rented to the accused. The accused had handed over a cheque to the complainant towards rent but the cheque was dishonored upon presentation with insufficient funds. The complainant sent a demand notice to the accused but payment was not made within 15 days. The complaint alleges that the accused has committed an offense under Section 138 of the Negotiable Instruments Act by not making payment despite the dishonored cheque and demand notice. The complainant requests that the accused be tried and punished in accordance with the law.

1. IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
…..COURT
(DISTRICT __________), DELHI
CRIMINAL COMPLAINT NO. ________ OF 2021
X ________________
S/o _____________
R/o ….
COMPLAINANT
VERSUS
Y _________________
S/o ________________
R/o
.…ACCUSED
JURISDICTION : P. S. _____________
COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881
MOST RESPECTFULLY SHOWETH:
• That the Complainant is the owner and landlord of flat bearing No. _______,
New Delhi.
• That the accused is a tenant under the Complainant in respect of flat bearing
No. _______ New Delhi, comprising of two bed-rooms, drawing-cum-

2. dining room, study room, kitchenroom, two bathrooms-cum-toilets and a
terrace at a monthly rent of Rs. 2500/- for residential purposes w.e.f.
__________. True copy of the Lease-deed dated __________ is annexed
hereto as Annexure – ‘A’
• That on _______ the accused handed over cheque bearing Nos. ________
dated ________for Rs. _____ drawn on _________ Bank, New Delhi to the
complainant towards rent of the said premises for the months of September,
October and November, …… the said original cheque is annexed hereto as
Annexure – B.
• That the Complainant deposited the said cheque in his account with the
……… (bank name) on ______(date) but the same was dishonoured on
presentation with the remarks ‘REFER TO DRAWER’. The original
returning memos dated ________ in respect of the said cheque is annexed
hereto as Annexure – ‘C’.
• That vide letter dated……., the Complainant called upon the accused to
make the payment of the amount covered by the dishonoured cheque. The
said letter was sent to the accused by Regd. A.D. as well as U.P.C. However,
the accused failed to make the payment of the amount in question to the
Complainant.
• That the cheque in question were returned unpaid because the amount
standing to the credit in the Accused’s account was insufficient to honour
the cheque in question and as such the Accused is liable to be prosecuted an
punished under Section 138 of the Negotiable Instruments Act, 1881 as
amended upto-date.

3. • That the Complainant has complied with all the requirements of Section 138
of the Negotiable Instruments Act, 1881 as amended upto-date namely the
cheque in question were presented on ______ i.e. within the period of its
validity, the demand for payment was made to the Accused on ………. i.e.
within thirty days of the date or receipt of information regarding the
dishonouring of the cheque. True copy of the said demand dated ……. Is
annexed hereto as Annexure – ‘D’. The postal receipt and the U.P.C. thereof
are annexed hereto as Annexure-E collectively. The accused failed to make
the payment within fifteen days of the said notice and as such the
Complainant has approached this Hon’ble court within one month of the
date of the cause of action. The Compaint is therefore within time.
• That the Hon’ble Court has jurisdiction to entertain and try the present
complaint because the offence is committed within the jurisdiction of this
Hon’ble Court. (Mention how the court has jurisdiction based on the facts).
PRAYER:
It is, therefore most respectfully prayed that his Hon’ble Court may be pleased to
summon the accused under Section 138 of the Negotiable Instruments Act, 1881 as
amended upto-date and the accused be tried and punished in accordance with law
for the aforesaid offence committed by him.
Place
Date
COMPLAINANT
THROUGH
ADVOCATE

4. Note : List of witnesses to be mentioned at the end of the complaint or separately
after writing short title of the complaint case –
1. Complainant;
2. Banker(s) of the complainant with record of the cheque.
3. Banker(s) of the accused with record of the cheque
4. Any other witness, if needed, as per the facts of the case