Section 138 Complaint by Firm - Free PDF Template India

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PRO-FORMA OF A COMPLAINT UNDER SECTION 138 BY A FIRM

Need a reliable Pro-Forma of a Complaint Under Section 138 by a Firm format to file against cheque dishonour? Our ready-to-use legal template in PDF or Word format simplifies the process for businesses in India facing bounced cheques under the Negotiable Instruments Act, 1881.

What is a Pro-Forma of a Complaint Under Section 138 by a Firm?

A Pro-Forma of a Complaint Under Section 138 by a Firm is a standardized legal document used by partnership firms or companies to initiate criminal proceedings against individuals or entities whose cheques have been dishonoured due to insufficient funds or other reasons. Governed by Section 138 of the Negotiable Instruments Act, 1881, this complaint format is crucial for recovering unpaid dues through the court system. It's specifically tailored for firms, ensuring compliance with court requirements where the complainant is represented by partners or authorized persons.

In India, cheque bounce cases are rampant in business transactions, and filing a timely complaint using the correct Pro-Forma of a Complaint Under Section 138 by a Firm format can lead to penalties including imprisonment up to two years and/or cheque amount twice as compensation.

Why is it Important?

Filing a Pro-Forma of a Complaint Under Section 138 by a Firm is vital for businesses to enforce payment accountability. Key reasons include:

Legal Enforcement: Triggers criminal liability on the drawer, compelling payment.
Time-Sensitive: Must be filed within 30 days of the statutory notice period.
Business Protection: Safeguards firm finances from defaulters in commercial dealings.
Court Compliance: Adheres to formats accepted by Magistrate Courts across India.

Without a proper format, complaints may get rejected, delaying justice and recovery.

Key Elements of the Pro-Forma of a Complaint Under Section 138 by a Firm Format

Our customizable Pro-Forma of a Complaint Under Section 138 by a Firm template includes all essential sections:

Heading and Court Details: Jurisdiction of the Magistrate Court.
Complainant Particulars: Firm name, address, partners' details, and authorization.
Accused Details: Name, address of the cheque issuer.
Cheque Information: Date, amount, bank details, reason for dishonour (e.g., funds insufficient).
Cause of Action: Transaction details, issuance date, presentation date, and notice sent.
Statutory Notice: Proof of 15-day notice and non-payment.
Verification: Affidavit by authorized partner.
Prayer: Relief sought, including compensation and costs.

This ready-to-use structure ensures completeness and legal validity.

Who Should Use This Format?

Partnership firms and proprietorships dealing with cheque payments.
Businesses in trade, services, or manufacturing facing frequent defaults.
Legal professionals handling Section 138 cases for clients.
Common in civil disputes turning criminal, like supplier-buyer defaults or loan recoveries.

Ideal for MSMEs and larger firms in India seeking quick resolutions.

Download Your Customizable Pro-Forma of a Complaint Under Section 138 by a Firm Today!

Get instant access to our professional Pro-Forma of a Complaint Under Section 138 by a Firm sample in editable Word or PDF format. Free download option available for basic version; premium customizable templates with AI-assisted edits for just a few clicks. Tailor it to your specifics and file confidently.

Important Note

While our legal templates are drafted by experts and compliant with Indian laws, they are for informational purposes. Always consult a qualified lawyer for case-specific advice to ensure enforceability. Related searches: Section 138 NI Act complaint by company, cheque bounce format India, legal complaint template PDF, free Section 138 proforma download.

Empower your firm with the right tools—download now and secure your payments!

PRO-FORMA OF A COMPLAINT UNDER SECTION 138 BY A FIRM

ï¿½

Pro-forma of a complaint under section 138 by a firm

In the Court of Additional Chief Metropolitan Magistrate???????.Court

At????? ??????..

Complaint No?????? 20??.

M/s????????

?????????.

through : Shri????.

Partner of the firm ?Complainant

Vs.

Mr????????.

Proprietor/Partner ?Accused

?????????.

Complaint under section 138

read with section 142 of the

Negotiable Instruments Act, 1881

MAY IT PLEASE YOUR WORSHIP

That the complainant most respectfully submit as under :

1. The complainant is a partnership firm having their registered office at mentioned in the title and the accused was purchasing goods from the complainant on credit bases.

2. To fulfill the liability the accused had issued a cheque being No???? dated???? of Rs???? drawn on ????. towards part payment. The said cheque was presented by the complainant in their bank on ?????? for encashment, but the said cheque return unpaid by the banker of the accused for the reason ???????. with the Bank memo dated??..

3. The complainant approach their lawyer who sent a legal notice dated??? under clause (b) of the proviso to section 138 of the Negotiable Instruments Act, 1881 and demanded from the accused the amount of the dishonoured cheque. However, the said notice was refused to be accepted by the accused, means the accused was aware about the contains of the letter.

4. That since the accused did not make any payment under the said cheque, despite sending said legal notice, which was refused to be accepted, the complainant is left with no alternative, but to file the present complaint under clause (b) of section 142 against the accused for the offence committed by him under the provisions of the Negotiable Instruments Act, 1881, resulting from the dishonour of the cheque for reasons, ????????..? in his account as indicated in the returning memo. dated??.. sent by his bankers.

5. The cause of action has arisen on account of the dishonour of the cheque dated????? for Rs???? issued by the accused, as indicated herein above. It also arose on????.. when the complainant received the debit advice dated??? with regard to the dishonour of the cheque from their bankers and also when the legal notice dated???? was sent by the complainant which was refused to be accepted by the accused on???..

6. That the cause of action has arisen within the jurisdiction of this Hon?ble Court and the payment was also actually to be received at???? and hence this Hon?ble Court has jurisdiction to try and adjudicate upon the present complaint. That the complaint is being filed within limitation as prescribed under the law.

7. It is, therefore, most respectfully prayed that the present complaint be registered and summons issued against the accused in accordance with law, who may tried and punished in accordance with law.

LIST OF WITNESSES

1. Complainant

2. Manager/Officers/Clerk of the Bankers of the Accused.

3. Manager/Officers/Clerk of the Bankers of the Complainant.

LIST OF DOCUMENTS

1. Original returned cheque with Bank memos debit advices and returning memos.

2. Copy of notice the letter dated??????..with postal receipt UPC and AD cards.

Advocate for Complainant

Complainant

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Important Guidelines

A "Pro-forma Complaint under Section 138 by a Firm" is a template or model complaint used in India when a firm or business entity wishes to initiate legal action against another party for dishonoring a cheque due to insufficient funds or other reasons. Section 138 of the Negotiable Instruments Act deals with the offense of cheque bounce. Here's a brief guideline on its use and

Common Mistakes to Avoid:

Usage:

Template Selection: Start with an appropriate pro-forma complaint template, customized for your firm's needs and in compliance with legal requirements.

Insert Relevant Information: Fill in all specific details, such as the name and address of the firm, accused party, cheque particulars, amount, and relevant dates.

Legal Grounds: Clearly mention the legal provisions, i.e., Section 138 of the Negotiable Instruments Act, under which the complaint is filed.

Narrate the Facts: Describe the sequence of events leading to the dishonor of the cheque, providing a clear account of the transaction.

Demand Compensation: Specify the amount you are seeking as compensation for the dishonored cheque and any additional damages incurred.

Common Mistakes to Avoid:

Inaccurate Information: Ensure all details, including cheque particulars and legal provisions, are accurate.

Missed Deadlines: File the complaint within the statutory timeframe, usually 30 days from the date of dishonor, to maintain legal validity.

Lack of Supporting Documents: Attach copies of the bounced cheque, notice of dishonor from the bank, and any other relevant documents as evidence.

Unreasonable Demands: Request a reasonable amount of compensation aligned with the actual damages suffered.

Threatening Language: Maintain a professional and non-threatening tone in the complaint to avoid potential counterclaims for harassment.

Non-compliance with Legal Procedures: Consult with a legal expert or attorney to ensure compliance with all legal procedures and requirements.

A well-drafted pro-forma complaint under Section 138 serves as a strong foundation for initiating legal proceedings for cheque bounce. Seek legal advice and follow these guidelines meticulously to strengthen your case and protect your firm's rights as a payee.

Frequently asked questions

What is the Pro-forma of a Complaint under Section 138 by a Firm?→

This is a legal template for a firm (partnership or company) to file a complaint under Section 138 of the Negotiable Instruments Act, 1881, in India for cheque dishonour cases. It includes essential details like cause of action, notice details, and firm authorization.

Is this Section 138 complaint format legally valid in India?→

Yes, this pro-forma is designed to comply with Indian legal requirements under the NI Act. It can be used in Magistrate courts across India, but consult a lawyer for case-specific validity.

Do I need to pay stamp duty or court fees for filing this complaint?→

No stamp duty is required on complaints under Section 138. Court fees are nominal (₹10-₹50 depending on the state) and paid at filing in the Magistrate court in India.

In what format can I download this Pro-forma Complaint?→

Download this customizable legal document in editable Word (.docx) or PDF format, suitable for Indian courts.

Can I edit and customize this Section 138 complaint for my firm's case?→

Yes, this pro-forma is fully customizable. Edit firm details, cheque information, notice served, and dates to suit your legal matter in India.

Who should use this Pro-forma Complaint under Section 138 by a Firm?→

Partners or authorized representatives of a firm in India whose cheque was dishonoured due to insufficient funds can use this to initiate legal proceedings under NI Act Section 138.

PRO-FORMA OF A COMPLAINT UNDER SECTION 138 BY A FIRM

ï¿½

Pro-forma of a complaint under section 138 by a firm

In the Court of Additional Chief Metropolitan Magistrate???????.Court

At????? ??????..

Complaint No?????? 20??.

M/s????????

?????????.

through : Shri????.

Partner of the firm ?Complainant

Vs.

Mr????????.

Proprietor/Partner ?Accused

?????????.

Complaint under section 138

read with section 142 of the

Negotiable Instruments Act, 1881

MAY IT PLEASE YOUR WORSHIP

That the complainant most respectfully submit as under :

1. The complainant is a partnership firm having their registered office at mentioned in the title and the accused was purchasing goods from the complainant on credit bases.

LIST OF WITNESSES

1. Complainant

2. Manager/Officers/Clerk of the Bankers of the Accused.

3. Manager/Officers/Clerk of the Bankers of the Complainant.

LIST OF DOCUMENTS

1. Original returned cheque with Bank memos debit advices and returning memos.

2. Copy of notice the letter dated??????..with postal receipt UPC and AD cards.

Advocate for Complainant

Complainant

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99