The complaint is the document that initiates the criminal proceedings in a cheque dishonour case. A well-drafted complaint maximises the chances of the Magistrate taking cognisance of the offence and issuing summons to the accused. TRW — Tahmidur Rahman Remura Wahid Law Associates drafts cheque dishonour complaints with meticulous attention to legal requirements and evidentiary strength.
Essential Elements of a Cheque Dishonour Complaint
A cheque dishonour complaint under Section 138 of the NI Act must contain the following essential elements. The identity of the complainant and the accused. The details of the cheque (cheque number, date, amount, bank, account number). The fact that the cheque was issued for the discharge of a legally enforceable debt or liability. The fact that the cheque was returned unpaid by the bank (supported by the bank's return memo). The fact that the complainant sent a legal notice to the accused within 30 days of receiving the return memo (supported by the notice and proof of delivery). The fact that the accused failed to pay within 30 days of receiving the notice. The relief sought (conviction and punishment of the accused under Section 138).
TRW ensures that every element is clearly and precisely stated in the complaint, supported by the relevant documents. TRW also includes a statement of the legal provisions applicable and the judicial precedents supporting the complainant's case.
Supporting Documents
The complaint must be accompanied by the following supporting documents. The original cheque. The bank's cheque return memo. The legal notice sent to the accused. Proof of delivery of the legal notice (postal acknowledgment, courier receipt). Any other relevant documents (loan agreement, invoice, etc.) showing the underlying debt. TRW organises these documents carefully and ensures that they are properly exhibited in the complaint.
The Presumption Under Section 138A
Section 138A of the NI Act creates a presumption in favour of the holder that the cheque was issued for the discharge of a legally enforceable debt or liability. This presumption shifts the burden of proof to the accused to show that the cheque was not issued for a debt. TRW's complaints are drafted to take full advantage of this presumption. See our guide on cheque dishonour legal notices.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's cheque dishonour team draft complaints for all types of cheque dishonour cases. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can I file a cheque dishonour complaint without a lawyer?
A: Yes, but a lawyer-drafted complaint is more comprehensive and legally sound.
Q: Can I file complaints for multiple dishonoured cheques in a single complaint?
A: Generally, each dishonoured cheque requires a separate complaint. TRW advises on the most efficient approach.
Q: What is the court fee for filing a cheque dishonour complaint?
A: Court fees for criminal complaints are generally nominal. TRW advises on the applicable fees.
