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.
5. The said notice was thus, duly served on the accused, who has not paid the
amount covered by the cheque in question till date.
6. 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.............., 2 0 ..................
Sd./
Counsel for the deponent.
Note: Affidavit to be attested by the appropriate authority prescribed under law.