How to Draft a Section 138 Cheque Bounce Complaint: Essential Averments, Format & Court Fee Guide
Strategic Executive Summary
- A Section 138 complaint must explicitly plead all six foundational ingredients laid down by the Supreme Court in National Small Industries Corp. Ltd. v. State (NCT of Delhi).
- Under Section 142(2)(a) NI Act, territorial jurisdiction is determined exclusively by the location of the bank branch where the payee maintains their account.
- Every internet postal tracking report and computer-generated bank memo must be accompanied by an Electronic Evidence Certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
- Court fees in Delhi district courts follow a fixed nominal scale, whereas Haryana (Gurugram/Faridabad) levies ad valorem court fees under state schedules.
- Under Section 145 NI Act, pre-summoning evidence is tendered via affidavit, enabling rapid issuance of summons under Section 227 BNSS without oral examination.
Drafting a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 requires the precision of a surgeon. Unlike civil litigation where defective pleadings can be amended as a matter of course, an omission of a single statutory ingredient—such as the genesis of the debt, exact dates of notice dispatch, territorial jurisdiction under Section 142(2), or mandatory electronic certificates under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)—can prove fatal to the prosecution. In the bustling trial courts of Delhi NCR, from Saket and Tis Hazari to Patiala House and Gurugram, mastering the exact paragraph-by-paragraph anatomy, statutory averments, court fee structures, and exhibit sequencing is essential to secure swift summoning and withstand ferocious defence cross-examination.
1. The Anatomy of a Bulletproof Section 138 Complaint in Delhi NCR
In the high-volume criminal courts of Delhi NCR—spanning the Special NI Act Digital Courts at Patiala House, the Magisterial dockets at Saket, Tis Hazari, Rohini, and Dwarka, and the Judicial Magistrates at Gurugram and Faridabad—a Section 138 complaint is not a casual pleading. It is a strict penal instrument where a single omission in dates, statutory averments, or electronic certificates can lead to immediate rejection at the filing counter (CIS scrutiny) or a devastating discharge during pre-charge arguments.
Unlike ordinary civil plaints where liberal amendments are routinely permitted under Order VI Rule 17 of the CPC, criminal jurisprudence under the Negotiable Instruments Act, 1881 and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) affords no general right to cure foundational defects. Every essential ingredient of the offense must be pleaded with surgical precision at the very threshold.
The Supreme Court authoritatively delineated the non-negotiable statutory ingredients that must be explicitly averred in every complaint filed under Section 138 read with Section 142 of the Negotiable Instruments Act:
"The complainant must specifically plead: (i) that the cheque was drawn for discharge of a legally enforceable debt or liability; (ii) that the cheque was presented within its validity period; (iii) that it was returned unpaid by the bank; (iv) that statutory notice of demand was issued within 30 days of receiving the return memo; (v) that the notice was duly served or deemed served; and (vi) that the drawer failed to pay within 15 days of receipt. In the absence of these essential averments, cognizance cannot be taken by the Magistrate."
2. Paragraph-by-Paragraph Drafting Guide: Essential Statutory Averments
A professional trial-ready complaint filed under Section 138 NI Act read with Section 223 of the BNSS (formerly Section 200 CrPC) should follow a disciplined, ten-paragraph architecture:
Essential Averment: Clearly define the legal personality of the complainant (individual, registered partnership, LLP, or incorporated company). If filed on behalf of a company or firm, explicitly aver the authority of the Authorized Representative (AR):
"That the Complainant is a company duly incorporated under the Companies Act, 2013, having its registered office at Connaught Place, New Delhi. The present complaint is being instituted through Mr. Rahul Sharma, Authorized Representative, who has been duly authorized by virtue of a Board Resolution dated 10th January 2026 (Annexed as Exhibit CW-1/A), and is fully conversant with the facts of the transaction."
Essential Averment: Never rely on vague assertions like "friendly loan" or "business dealings" without specifics. Detail the underlying commercial contract, purchase order, tax invoices, GST numbers, loan agreement, or promissory note establishing the debt:
"That in discharge of existing commercial liabilities arising out of Purchase Order No. PO-4412 dated 15th February 2026 and against Tax Invoices No. INV-889 to INV-892 for supply of industrial polymers, an existing, crystallised and legally enforceable debt of Rs. 25,00,000/- (Rupees Twenty Five Lakhs Only) was due and payable by the Accused to the Complainant."
Essential Averment: State the exact particulars of the cheque leaf, the bank on which it is drawn, the branch, the amount in figures and words, and the promise of clearance upon presentation:
"That in partial discharge of the aforesaid legally enforceable debt, the Accused issued and handed over Cheque No. 440219 dated 15th March 2026 for a sum of Rs. 25,00,000/- drawn on HDFC Bank, K.G. Marg Branch, New Delhi, assuring the Complainant that the same would be honoured on presentation."
Essential Averment: State the presentation date through the complainant's bank, the date of dishonour, and the exact reason code scrawled or printed on the return memo:
"That the Complainant presented the said cheque for clearing through its banker, ICICI Bank, Saket Branch, New Delhi, within its validity period. However, the said cheque was returned dishonoured and unpaid vide Bank Return Memo dated 20th March 2026 with the official endorsement 'Funds Insufficient' (Annexed as Exhibit CW-1/B)."
Essential Averment: Plead that notice was issued within 30 days of receiving the memo, sent by Speed Post / Registered AD to the correct verified address, and state the tracking consignment details:
"That upon receipt of the bank return memo, the Complainant through counsel issued a statutory Legal Demand Notice dated 28th March 2026 under Section 138 proviso (b) of the NI Act, calling upon the Accused to pay the cheque amount within 15 days. The notice was dispatched on 29th March 2026 via Speed Post (Postal Receipt No. ED123456789IN) to the correct and verified address of the Accused."
Essential Averment: In accordance with the Supreme Court benchmark in Arjun Panditrao Khotkar, specifically plead the compliance of electronic records:
"That the computer-generated postal tracking report showing delivery on 2nd April 2026 and the electronic bank return memo are supported by a separate Electronic Certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), annexed herewith as Exhibit CW-1/D."
Essential Averment: Calculate the exact expiry of the 15-day cure window and state the non-payment:
"That despite due service of the statutory notice on 2nd April 2026, the Accused failed and neglected to make payment of the cheque amount within the statutory period of 15 days, which expired on 17th April 2026. Consequently, the criminal cause of action to file the present complaint accrued on 18th April 2026."
Essential Averment: Comply strictly with Section 141 NI Act and the Supreme Court benchmarks in SMS Pharmaceuticals and S.P. Mani and Mohan Dairy:
"That Accused No. 1 is a private limited company and Accused No. 2 and 3 are its Managing Director and Whole-Time Director respectively. At the time of commission of the offense, Accused No. 2 and 3 were in charge of, actively managing, and responsible to the company for the conduct of its business, and the dishonoured cheque was signed by Accused No. 2 with the consent and connivance of Accused No. 3."
Essential Averment: Specifically link the jurisdiction of the trial court to the payee's bank account branch:
"That this Hon'ble Court has territorial jurisdiction to try and entertain the present complaint under Section 142(2)(a) of the Negotiable Instruments Act, as the Complainant maintains its bank account with ICICI Bank, Saket Branch, New Delhi, where the dishonoured cheque was delivered for collection through the clearing house, which branch falls squarely within the territorial jurisdiction of this Hon'ble Court."
Essential Averment & Prayer: Confirm that the complaint is filed within 30 days under Section 142(1)(b) NI Act, and conclude with the formal prayer:
"That the present complaint is being instituted on 2nd May 2026, which is well within the 30-day period of limitation from the accrual of cause of action on 18th April 2026. It is therefore prayed that this Hon'ble Court may be pleased to: (a) Issue summons against the Accused; (b) Try and convict the Accused under Section 138 NI Act and award maximum sentence of imprisonment; (c) Award compensation equal to double the cheque amount under Section 396 BNSS (357 CrPC); and (d) Grant 20% interim compensation under Section 143A NI Act."
3. Territorial Jurisdiction Decoded: Section 142(2) NI Act Amendment
Prior to 2015, the Supreme Court's ruling in Dashrath Rupsingh Rathod v. State of Maharashtra (2014) 9 SCC 129 caused massive disruption by holding that jurisdiction lay exclusively where the drawer's bank was situated. In response, Parliament enacted the Negotiable Instruments (Amendment) Act, 2015, inserting Section 142(2), which settled territorial jurisdiction for all time:
| Mode of Cheque Delivery / Presentation | Statutory Rule Under Section 142(2) NI Act | Proper Court in Delhi NCR |
|---|---|---|
| Cheque Delivered for Collection Through Account (Account Payee Cheque) | Section 142(2)(a): The court within whose local jurisdiction the branch of the bank where the payee or holder in due course maintains the account is situated. | If Complainant maintains their account at HDFC Bank Saket Branch, Saket District Court has exclusive jurisdiction, regardless of where the drawer sits. |
| Cheque Presented Over the Counter (Bearer / Cash Cheque) | Section 142(2)(b): The court within whose local jurisdiction the branch of the drawee bank where the drawer maintains the account is situated. | If a bearer cheque is drawn on SBI Chandni Chowk, Tis Hazari Court has jurisdiction. |
| Multiple Cheques Between Same Parties | Section 142(2) Explanation: Subsequent complaints against the same drawer must be consolidated in the court where the first complaint was instituted. | Prevents forum-shopping and consolidates proceedings before a single Judicial Magistrate. |
4. Court Fee Calculations: Delhi vs Haryana (Gurugram/Faridabad)
One of the sharpest contrasts in Delhi NCR practice is the court fee structure. While Delhi applies fixed, nominal court fees on criminal complaints, Haryana mandates an ad valorem court fee on cheque bounce complaints:
| Cheque Amount Range | Court Fee in Delhi District Courts (Saket, Tis Hazari, Patiala House, Rohini, Dwarka) | Court Fee in Haryana Courts (Gurugram, Faridabad - Haryana Court Fees Act) |
|---|---|---|
| Up to Rs. 1,00,000/- | Fixed nominal court fee (Rs. 1.25 to Rs. 10 court fee stamp + Rs. 10 Vakalatnama stamp + Rs. 2 Welfare stamp). | Rs. 1,000/- (under Haryana Amendment to Court Fees Act). |
| Rs. 1,00,001/- to Rs. 5,00,000/- | Fixed nominal court fee (Rs. 1.25 to Rs. 10 court fee stamp). | Rs. 2,500/- to Rs. 5,000/- graded scale. |
| Above Rs. 5,00,000/- up to Rs. 25,00,000/- | Fixed nominal court fee (Rs. 10 court fee stamp). | 1% to 2% of the cheque amount (subject to state statutory ceilings). |
| Above Rs. 25,00,000/- | Fixed nominal court fee (nominal criminal schedule). | Maximum ceiling capped as per Haryana State Schedule (customarily Rs. 15,000/- to Rs. 25,000/- depending on slab). |
Practitioner Note: In Gurugram and Faridabad District Courts, filing a Section 138 complaint without calculating and attaching the requisite Haryana ad valorem court fee stamps leads to immediate objection by the Registry and refusal of registration.
5. Mandatory Annexures & Exhibit List (The Trial Dossier)
In Delhi district courts, the complaint must be filed along with a complete dossier of exhibits, arranged in strict chronological order:
- Exhibit CW-1/1: True Copy of Board Resolution / Special Power of Attorney (if corporate complainant).
- Exhibit CW-1/2: Underlying Commercial Invoices / Loan Agreement / Ledger Account proving debt.
- Exhibit CW-1/3 (Colly): Original Dishonoured Cheque Leaf.
- Exhibit CW-1/4: Original Bank Deposit / Clearing Pay-in Slip.
- Exhibit CW-1/5: Original Bank Return Memo showing dishonour reason code.
- Exhibit CW-1/6: Office Copy of the Statutory Legal Demand Notice.
- Exhibit CW-1/7 (Colly): Original Postal Receipts issued by India Post (Speed Post / Regd AD).
- Exhibit CW-1/8: Computer-Generated Postal Tracking Report downloaded from India Post portal.
- Exhibit CW-1/9: Statutory Electronic Evidence Certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
- Exhibit CW-1/10: Complainant's Pre-Summoning Evidence Affidavit under Section 145 NI Act.
6. Pre-Summoning Evidence Affidavit Under Section 145 NI Act
Under Section 145 of the Negotiable Instruments Act, the complainant is not required to examine themselves verbally before the Magistrate at the pre-summoning stage. The complainant files a formal Evidence by Way of Affidavit tendering all the aforesaid documents into evidence.
Upon perusing the complaint and the Section 145 affidavit, the Metropolitan Magistrate dispenses with recording oral statement under Section 223 BNSS (200 CrPC) and proceeds directly to pass the Summoning Order under Section 227 BNSS (204 CrPC).
7. Registry Scrutiny: Avoiding CIS Defect Sheets in Delhi Courts
The Court Information System (CIS) filing counters at Saket, Tis Hazari, and Dwarka execute rigorous technical scrutiny before a complaint is assigned a regular Complaint Case (CC) number. Advocates must avoid these common scrutiny objections:
- Missing Mobile Number / Email ID: Rule mandates providing valid mobile numbers and email addresses for both complainant and accused to enable digital summoning under BNSS.
- Illegible Bank Return Memos: Bank return memos with faded dot-matrix printing must be accompanied by a typed transcript attested by counsel.
- Discrepancy Between Words and Figures: Under Section 18 of the NI Act, where the amount in words differs from figures, the amount in words prevails; drafting must explicitly reconcile any such discrepancy.
- Omission of Section 63 BSA Certificate: Results in immediate defect marked by the scrutiny clerk for modern digital court filings.
Statutory Authorities & Legal References
- Negotiable Instruments Act, 1881 (Section 138 - Dishonour of Cheque, Section 141 - Offences by Companies, Section 142 - Cognizance of Offences, Section 142(2) - Territorial Jurisdiction, Section 145 - Evidence on Affidavit)
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 223 - Examination of Complainant; Section 227 - Issue of Process)
- Bharatiya Sakshya Adhiniyam, 2023 (Section 63 - Admissibility of Electronic Records)
- Court Fees Act, 1870 (Delhi Amendment Schedule & Haryana Court Fees Amendment Act)
- Supreme Court 2-Judge Bench in National Small Industries Corp. Ltd. v. State (NCT of Delhi) (2009) 1 SCC 407 (Mandatory Averment Ingredients)
- Supreme Court Benchmark in K.R. Indira v. G. Adinarayana (2003) 8 SCC 300 (Notice Specificity and Demand for Cheque Amount)
- Supreme Court Authority in Dashrath Rupsingh Rathod v. State of Maharashtra (2014) 9 SCC 129 & 2015 Legislative Amendment to Section 142(2)
- Supreme Court Benchmark in SMS Pharmaceuticals Ltd. v. Neeta Bhalla (2005) 8 SCC 89 & Sunita Palita v. Panchami Stone Quarry (2022) 10 SCC 415 (Section 141 Corporate Averments)
- Supreme Court 3-Judge Bench in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1 (Electronic Records Certification Standard)
Disclaimer: This article is published strictly for academic and educational purposes under the Advocates Act, 1961. It does not constitute formal legal advice, solicitation, or advertisement under Rule 36 of the Bar Council of India Rules, nor does it create an advocate-client relationship. For case-specific legal counsel, readers should consult an independent advocate.
Frequently Asked Questions
Practical courtroom guidance and procedural answers curated by Senior Advocates in Delhi NCR.
What are the mandatory ingredients that must be pleaded in a Section 138 complaint?
Under the Supreme Court benchmark in National Small Industries Corp. Ltd. v. State (NCT of Delhi) (2009), the complaint must explicitly aver: (1) that the cheque was issued for a legally enforceable debt; (2) presentation within the validity period; (3) return unpaid by the bank; (4) statutory demand notice dispatched within 30 days of return memo; (5) service or deemed service of notice; and (6) failure of the drawer to pay within 15 days of receipt.
How is territorial jurisdiction determined for filing a cheque bounce complaint?
Under Section 142(2)(a) of the Negotiable Instruments Act (inserted by the 2015 Amendment), if the cheque is delivered for collection through an account, jurisdiction lies exclusively with the court within whose local limits the branch of the bank where the payee maintains their account is located. The drawer's location or the clearing house location is irrelevant.
Is a Section 63 BSA certificate required when filing a Section 138 complaint?
Yes. Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 65B of the Indian Evidence Act, 1872) and the Supreme Court benchmark in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), any computer-generated document, such as an internet India Post tracking report or computerized bank return memo, must be accompanied by an electronic evidence certificate to be admissible.
What is the court fee for filing a Section 138 complaint in Delhi vs Gurugram?
In Delhi District Courts (Saket, Tis Hazari, Patiala House, Rohini, Dwarka), court fees on criminal complaints are nominal and fixed (typically Rs. 1.25 to Rs. 10 court fee stamp plus welfare stamps). In Gurugram and Faridabad (Haryana), the Haryana Court Fees Act levies an ad valorem or graded fee scale based on the cheque amount, which must be affixed prior to filing.