Precedent No. 73

AFFIDAVIT: UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

IN THE COURT OF THE METROPOLITAN MAGISTRATE,
Criminal Complaint No of 20

Complainant:
Vs.
Accused:

AFFIDAVIT of , S/o , aged years,
presently and permanently residing in

The deponent abovenamed hereby solemnly affirms and declares as under:—
1.That the deponent herein is the Complainant in the Criminal Complaint referred to above. The deponent is well conversant with the facts and circumstances of the case and stands competent to swear to this affidavit.
2.That the complainant is a Chartered Accountant employed as a Senior Manager in Pvt. Ltd.
3.That the accused, a businessman by profession, is acquainted with the Complainant through a common family friend.
4.That on , the complainant gave a loan of Rs to the accused for a period of 6 months.
5. That simultaneously, the accused gave a post-dated cheque bearing
No , drawn on the , in favour of the
complainant, towards repayment of the loan amount. The said original cheque is annexed hereto as Ex. CW1/1.
6. That on , the complainant deposited the aforesaid
cheque in his bank for realisation, but on
, the complainant got an intimation from the said bank
that the cheque had been dishonoured for the reasons “Funds
Insufficient”. The original returning memo dated , with regard to the said cheque, is annexed hereto as Ex. CW1/2.
7. That vide letter dated , the complainant duly 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 registered A.D as well as U.P.C. A true copy of the said notice is annexed hereto as Ex. CW1/3. The original booking slip of the Regd. A.D is annexed hereto as Ex.CW1/4 and the original U.P.C. is annexed hereto as Ex. CW1/5.
8.The said notice was thus, duly served on the accused, who has not paid the amount covered by the cheque in question till date.
9.In view of the aforesaid facts and circumstances, the accused is liable to be prosecuted and punished under section 138 of the Negotiable Instruments Act, 1881, as amended upto date.
10. That the complainant has complied with all the requirements of section
138 of the Negotiable Instruments Act, 1881, as amended upto date, namely:
(i) The cheque in question was presented on , i.e., within
the period of its validity;
(ii) The demand for payment of money covered by the said cheque was
made to the accused within 30 days validity period, i.e., on

(iii) That the accused failed to make the payment within 15 days of the
receipt of the said notice and the complainant has approached this
Hon’ble Court within the statutory period of one month of the expiry of
the said notice period.

11. That in view of the aforesaid facts and
circumstances, it is just and necessary that the accused be tried and
punished in accordance with law.
Sd./ Deponent.

                                                                  Verification

Verified at on this the day of ,
20 , that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom.
Sd./ Deponent.
Solemnly affirmed and signed before me by the deponent, who is personally
known to me, on this the day of ,20
Sd./
Counsel for the deponent.
Note: Affidavit to be attested by the appropriate authority prescribed under law.