Cheque-bounce complaint (s.138 read with s.142 NI Act)

The complaint to the Magistrate after the demand notice goes unpaid.

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How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF Judicial Magistrate First Class, Amarnagar

Vikram Singh son of Shri Harbans Singh, aged about 52 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab

…Complainant

Versus

Meera Traders, through its proprietor Meera Sharma wife of Shri Kabir Sharma, aged about 41 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Accused

COMPLAINT UNDER SECTION 138 READ WITH SECTION 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

Respectfully Showeth:

1.That the accused, in discharge of a friendly loan of ₹2,45,000, issued cheque No. 004512 dated 02-09-2026 for ₹2,45,000 (Rupees Two Lakh Forty-Five Thousand only), drawn on Amar Co-operative Bank, Amarnagar, in favour of the complainant.

2.That the cheque was presented within its validity and was returned unpaid on 01-10-2026.

3.That the complainant sent a demand notice on 08-10-2026, within thirty days of the return, which the accused received on 11-10-2026, but the accused did not pay within fifteen days.

4.That the accused has thus committed an offence under Section 138 of the Act; this complaint is filed within one month of the cause of action, and this Court has jurisdiction under Section 142(2) as the cheque was presented through the complainant's bank branch within its limits.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

The original cheque and the bank's return memo (the court keeps the originals; keep photocopies)
A copy of the demand notice, with the postal receipts, the tracking report and the AD card or the returned envelope
Proof of the debt: the loan receipt or pronote, an agreement, invoices, bank transfers or the ledger
Your bank statement showing the cheque presented and returned
For a company or firm, the resolution or authority letter of the person who files; for an individual, the identity proof

Where to go

Filed through an advocate in the Judicial Magistrate's court of the place where your bank branch (where you presented the cheque) is; the court records your evidence, usually on affidavit, and then summons the accused.

Fee

Court fee and welfare stamps, where needed, and the process fee (talbana) for each notice or summons, as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.

Good to know

File within one month after the 15 days given in the notice end; for a late complaint the court must first accept the delay for sufficient cause.
Bring the originals and your copies on every date of your evidence.
Once the accused appears and pleads not guilty, you can ask for interim compensation: see "Interim compensation in a cheque case (s.143A NI Act)".

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.