Complaint Against Cheque Bouncing

This is a sample Complaint against Cheque dishonour. The .pdf format can be downloaded from here.

 

IN THE COURT OF THE LEARNED CHIEF METROPOLITAN MAGISTRATE AT KOLKATA

Complaint Case No.          of  ______

Police Station:___________

______________________
______________________
_______________________

                            .... COMPLAINANT.

-VERSUS-

______________________
______________________
_______________________

         ....ACCUSED.

Charge under section 138 read with section 142 of the Negotiable Instruments Act, 1881 as amended upto-date.

The humble petition of complaint on behalf of the complainant abovenamed

MOST RESPECTFULLY SHEWETH:-

1.    The complainant/petitioner is a law abiding citizen of India and _________________ by profession.

2.    Sometime in the month of _____________ the accused person requested the complainant to provide him some financial help as an interest-free loan to the tune of Rs. ________/- (Rupees __________) only to fulfill his urgent necessity and promised to repay the said amount within three months.

3.    Upon the request made by and believing in the promise of the accused the complainant provided him such loan/financial accommodation of Rs. ______/- (Rupees ___________________) only.

4.    In discharge of the existing legal debts and/or liabilities as aforesaid one A/c payee cheque was issued by the accused in favour of the complainant.

A detail of the said cheque is given below:-

Cheque No.    Date    Drawn on    Amount (Rs.)

………….    ……….  ...................    …………….

5.    Upon presentation of the said cheque for encashment within its validity period with the complainant’s banker, __________________, the same was dishonoured and returned unpaid alongwith the Cheque Returning Memo dated ___________ with the endorsement “Insufficiency of funds in the account”. The Compalinant was intimated about such dishonour by Debit Advice Memo dated ___________.

6.    The fact of such dishonour of the cheque had been communicated to the accused person by a notice U/s. 138(b) of N.I. Act, 1881 as amended upto-date issued by the Complainant and the said notice was despatched by Regd. Post with A/D on __________ demanding the payment of the amount of the said cheque i.e. Rs. _______/- (Rupees _____________) only within 15 days from the date of receipt of the said notice.

7.    The Complainant submits that the said demand notice was duly duly received by the accused person on ________,  but inspite of this the accused person failed and neglected to make payment as demanded therein.

8.    The accused person has therefore succeeded in deceiving the complainant malafidely, intentionally, purposely and mischieviously.

9.    The accused has thus committed an offence punish¬able under section 138 of the Negotiable Instruments Act, 1881 as amended upto-date.

10.    This petition of complaint is not barred by the Law of Limitation.

11.    The cause of action of this case arose within the jurisdiction of this Learned Court. Hence, this Learned Court is the competent authority and has jurisdiction to try the offence in this instant case.

12.    This petition of Complaint is made bonafide and for the ends of justice.

Sample Agreement for Sale

Here is a format Agreement for Sale. The .pdf format can be downloaded from here.

AGREEMENT FOR SALE

1.    Date:
2.    Place:
3.    Parties:
3.1    ___________________, son of ____________, by Nationality – Indian, by faith – _______, by Occupation-   _______, resident of ______________ ____________.
(Vendor, includes successors-in-interest and assigns)

AND

3.2    ___________________, son of ____________, by Nationality – Indian, by faith – _______, by Occupation-   _______, resident of ______________ ____________.
 (Purchaser, includes successors-in-interest and/or assigns)
[Vendor, Purchaser collectively Parties and individually Party.]

NOW THIS AGREEMENT FOR SALE WITNESSES, RECORDS, GOVERNS AND BINDS THE CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES AS FOLLOWS:

4.    Background:
4.1    Ownership of the Vendor: The Vendor is the sole and absolute owner of, otherwise well and sufficiently entitled to ALL THAT piece and parcel of Homestead land admeasuring _______________ be the same a little more or less together with a brick-built structure measuring about ________ Sq. ft. standing thereon, situate and lying at and being Premises No. ____, _______ Road, within the local limits of the ___________ Municipality, District - ______, in the State of West Bengal, described in the 1st Schedule below (Said Property). The Vendor became owner of the said property by purchase from the erstwhile owner thereof by virtue of a Deed of Conveyance dated _______ duly registered at the office of the ____________ and recorded in Book No. I, Being No. ______ for the year ____.
4.2    Mutation: The Vendor also got his name mutated in the records of the ________ Municipality as the owner of the Said Property, vide Memo. No. ___________ dated _______ issued by the _________ Municipality.
4.3    Desire to Sell the Said Property: Because of some cogent reasons the Vendor has now become interested to sell and/or alienate the Said Property to the intending purchaser thereof.
5.    Representations and Warranties of the Vendor:  
5.1    Vendor Absolute Owner: The Vendor is the absolute owner of the Said Property and no other person has any right, title or interest on and over thereof.
5.2    Said Property Free from all Encumbrances: The Said Property to be transferred is free from all claims, demands, encumbrances, possessory rights (permissive or adverse), mortgages, charges, liens, attachments, lis pendens, uses, easements, trusts, prohibitions, court proceedings either in execution or pending, revenue recovery proceedings, wealth tax, Income tax dues, Income tax attachment, Financial Institution charges, claims and liabilities whatsoever or howsoever made or suffered by the Said Property or any person or persons having or lawfully, rightfully or equitably claiming any estate or interest therein through under or in trust for the Vendor or the Vendor’s Predecessors-in-title.
5.3    Possession with Vendor: The Vendor is in vacant and peaceful possession of the Said Property.
5.4    No Prejudicial Act by Vendor: The Vendor has not any time done or executed or knowingly suffered or been party or privy to any act, deed, matter, or thing whereby the Said Property hereby agreed to be transferred or any part thereof can or may be impeached, encumbered or affected in title.
5.5    Compliance with Local Laws: The Vendor has fully complied with all the applicable local laws in respect of the Said Property and the proposed sale of the Said Property to the Purchaser is not in violation of any laws including but not limited to local and other laws.
5.6    No Acquisition or Requisition: The Vendor has not received any notice from any authority for acquisition or requisition and declares that the Said Property is not affected by any scheme of the Government or Statutory Body.
5.7    No Notification or Vesting: No part or portion of the Said Property has been notified or planned for any development scheme of the Government or any Statutory Body and/or vested in the State by operation of law.
5.8    No Previous Agreements: The Said Property is not the subject matter of any previous agreement, whether oral or in writing and as such the Vendor is competent to deal with the Said Property and sell the same without any claim or hindrance.
5.9    No Litigation: No part or portion of the Said Property is affected by any pending proceeding, civil, criminal or revenue and thus the Said Property is not affected by the doctrine of lis pendens or any prohibitory order or any mandatory order.
5.10    Vendor has Good Right: Notwithstanding any act, deed or thing whatsoever done as aforesaid, the Vendor has good right, full power, absolute authority and indefeasible title to enter into this Agreement in the manner specified herein, according to the true intent and meaning of these presents.
5.11    Statutory Clearances: The Vendor is in a position to obtain all statutory clearances, consents and permissions required, if any, to transfer the Said Property to the Purchaser.
5.12    No Personal Guarantee: The Said Property is not affected by or subject to any personal guarantee for securing any financial accommodation.
5.13    No Order of Prohibition: There is no order of Court or any other statutory authority prohibiting the Vendor from entering into this Agreement and transferring of the Said Property or any part thereof.
6.    Basic Understanding:
6.1    Announcement by Vendor: The Vendor has announced and has offered to sell the Said Property to the Purchaser.
6.2    Reliance on Representations: Relying on the aforesaid representations and warranties of the Vendor, the Purchaser has agreed to purchase the Said Property.
6.3    Discussions and Negotiations: Discussions and negotiations have taken place between the Vendor and the Purchaser for purchase of the Said Property and essential terms and conditions in this regard have been finalized, which the Parties are recording hereunder.
6.4    Agreement to Sell and Purchase: Pursuant to such discussions and negotiations, the Vendor has agreed to sell and the Purchaser has agreed to purchase from the Vendor Said Property on the consideration stated hereinafter. Conclusive and comprehensive terms and conditions superseding all previous documents and understandings, if any, are now being recorded by this Agreement.