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Rahul issue a cheque of Rs. 1,00,000 to Nirav for his legal debt. Nirav send it for honour. But it was returned with remark "Fund Insufficient". Draft a complaint for Nirav.
Rahul issued a cheque of Rs. 1,00,000 to Nirav for a legal debt. Nirav presented it, but it returned with "Fund Insufficient". Draft a complaint for Nirav.
🔷 Legal Principles & Provisions
Applicable Law: Negotiable Instruments Act, 1881.
Relevant Section: Section 138 (Dishonour of cheque for insufficiency of funds).
Notice Period: 30 days from receipt of return memo to send a legal notice.
Cause of Action: Arises if payment is not made within 15 days of notice receipt.
Jurisdiction: Court where the Complainant’s bank is situated (HDFC Bank, Ashram Road).
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🔷 DRAFT: CRIMINAL COMPLAINT (Under Sec 138 of NI Act)
IN THE COURT OF THE HON'BLE JUDICIAL MAGISTRATE FIRST CLASS, AHMEDABAD
Criminal Case No. 4521 of 2024
Nirav Manilal Shah
Age: 42 years, Occ: Business,
Residing at: 102, Shanti Apartments, Ashram Road, Ahmedabad.
.................................................................. COMPLAINANT
VERSUS
Rahul Rajeshbhai Patel
Age: 38 years, Occ: Business,
Residing at: 10, Gokuldham Society, Satellite, Ahmedabad.
.................................................................. ACCUSED
SUBJECT: COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881.
The Complainant respectfully submits as under:
1. Legal Debt: The Accused is a business friend of the Complainant and borrowed Rs. 1,00,000/- for business needs on 10th January 2024.
2. Issuance of Cheque: Towards repayment, the Accused issued a Bank of Baroda, Satellite Branch cheque No. 456123 dated 15th February 2024 for Rs. 1,00,000/-.
3. Dishonour: The Complainant presented the cheque in his bank, HDFC Bank, Ashram Road, but it was returned on 17th February 2024 with "Funds Insufficient" memo.
4. Legal Notice: The Complainant sent a statutory notice through Advocate Roshani Barot on 25th February 2024.
5. Failure to Pay: Despite receiving the notice on 28th February, the Accused failed to make payment within the 15-day period.
PRAYER:
It is prayed that the Accused be summoned, punished according to law, and ordered to pay double the cheque amount (Rs. 2,00,000/-) as compensation.
Place: Ahmedabad
Date: 20th March 2024
(Signature of Advocate)
Roshani Barot
(Signature of Complainant)
Nirav M. Shah
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VERIFICATION
I, Nirav Manilal Shah, do hereby verify that the contents of paragraphs 1 to 6 are true to my personal knowledge.
(Signature of Complainant)