NI Act Case Filing Draft

 

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE-----…..,,

                                            CR CASE NO.                 OF    20--.

 Under Section – 138 of the Negotiable Instruments Act, 1881.

                                                       Complainant/Plaintiff Name

S/O- -------

Address

Represented by- (If represent)

Mr/ Mrs. -------

S/O- -------

Address

 … … … COMPLAINANT

 

-         V E R S U S  -

Accused Name

S/O- ------

Address

                                        … ... … … … ACCUSED  

                                                                                                                                                         

Names and addresses of the witnesses:

1.      Md.-----------

S/O: ------

Address

2.      Md.-----------

S/O: ------

Address

3.      M Md.-----------

S/O: ------

Address

Date & Place of Occurrence:

Place of Occurrence:                    (Cheque submited Bank) Bank Ltd.              --------Branch,

Police Station          :                     ----------.

 Date of occurrence:                (date of dishonor), (date of legal notice), (payment expire time) and still continuing.

                                              {For example: 20. 03. 2015, 03.04.2015, 05.05.2015 and still continuing}.

  The complainant above named most respectfully states as

F O L L O W S:

1. That the complainant Complainant/Plaintiff Name, S/O --------------------- has been carrying his business since long with reputation and goodwill.
2. That the accused (Accused Name), the accused being the signatory of the cheque under reference, as stated hereinafter, has been impleaded as the accused in this case under section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as the said Act).

3.       That the complainant has filed this complaint petition against the accused (Accused Name) for Commission of an offense under section 138 of the said Act. The said accused drew and signed the cheque No. ---------, Dated ------- an aggregate amount of Tk. ---------- (amount in word) against the Account Number (cheque woner A/C No) (the said Account) maintained with the -----Bank Limited. The complainant tendered the said cheque no. ----------, Dated ---------- which was dishonored on Dated ----------  since the said cheque upon presentation was returned unpaid due to the insufficient amount.

4.      That the complainant tendered the said cheque for encashment with -------------- Bank Ltd. --------- branch, but the cheque was returned unpaid due to “Insufficient Fund” on Dated ----------. -------------- Bank Ltd. --------- branch, vide its Memo of Return -------------- Bank Ltd. --------- branch, informed the said (name of  Woners/ cheque---- Bank) Limited, that the said cheque had been returned unpaid due to “Insufficient Fund”.   As such the offense has been committed under section 138 of the Negotiation Instrument Act, 1881 under the jurisdiction of ----------- Police Station, ------.

5.     That the complainant having received information from regarding return of cheque on Dated ----------  through its lawyer, (Mr/Mrs/ name of legal firm) , served a Legal Notice Dated ---------- under section 138 of the said Act by way of Registered Post with A/D upon the accused as to the dishonor of the said cheque making a demand for the payment of the total cheque amount totaling of Tk. ---------- (amount in word) within 30 (thirty) days from the date of receipt of the said notice. The accused received the said notice on Dated ----------.  As such the said notice was served upon the accused within the limitation as prescribed under the said Act.

6.            That even after receiving the aforesaid notice, the accused did not take any effective steps to make the payment of the said amount within the stipulated period and the time limit of 30 (thirty) days, as was given in the said notice, for making payment of the said amount expired on Dated ----------.  As such the cause of action has arisen on Dated ----------. As per the section 138 of the said Act, the complainant is bound to file a case within a period of 30 (thirty) days from the date on which the cause of action arises. The said period of 30 days for filing the case under section 138 of the said Act shall expire on Dated ----------. As such this petition has been filed within the limitation under the said Act.

7.            That in the facts and circumstances stated above, it is proved beyond reasonable doubt that the accused has committed an offense under section 138 of the Negotiable Instruments Act, 1881 and as such he is liable to be prosecuted in accordance with law.

8.       That since the cause of action of the instant case has arisen within ---------- Police Station; which is under the jurisdiction of this Hon’ble Court; this Case has been filed before this Hon’ble Court.

Wherefore it is humbly prayed that Your Honour would graciously be pleased:-

(a)       To examine the complainant and issue process against the accused by taking cognizance of the offense under Section 138 of the Negotiable Instruments Act, 1881 (as amended) and to put the accused on trial according to law.

(b)       To pronounce a Judgment and order of conviction and also be further pleased to award the sentence of 3 (three) times fine of the said value of the cheque (i.e. totaling of Tk. ---------- (amount in word) with the direction to pay the same to the complainant.

(c)       Any other relief or reliefs as the complainant are entitled in law and in equity.

 

And for this act of kindness, the complainant above-named, as in duty bound, shall ever pray.