Contents of complaint filed u/s 138 of N.I. Act, 1881
1 The Complainant is not required to plead in details the nature of transaction for which the subject cheque was issued.
2 In Cases where complaint is filed thru Power of Attorney holder, the complaint must state that the PoA possess due knowledge of the subject transaction.
3 In the light of mandate of section 139 of N.I. Act, it is not be necessary to plead in detail subject transaction for which cheque was issued; nor it is necessary to annex documents in that behalf.
4 At the time of filing Complaint, there is no burden upon Complainant to plead, prove and establish the original transaction.
5 When Directors of company are joined as Accused, it must be pleaded as to how and in what manner the said Directors are responsible for the conduct of the business of the Accused Company.
6 A basic averment that “Accused Directors are incharge and responsible for the conduct of the business of the Accused company” is sufficient pleading in the complaint.
7 Pleadings as to due compliance to ingredients of the offence, as set out in section 138 of N.I. Act, 1881, is sufficient to draw presumption u/s 139 of the N.I. Act, 1881.
8 The complainant is not require to lead evidence to prove the original transaction, until the Accused discharge the burden contemplated u/s 139 of the N.I. Act, 1881.
9 A bare averment that Directors are in charge of and responsible for the conduct of the business of the company, without anything more, does not fulfil the requirements of Section 141 of the NI Act.
10 When Accused are MD /Jt. MD, it is not necessary to make an averment that they are in charge of, and are responsible for the conduct of the business of the company.
11 Unless the Accused takes the stand in reply to statutory notice that complainant has no financial capacity to lend such amount of money, the complainant is not obliged to lead evidence in this behalf.
12 One complaint may be filed comprising 5 cheques, provided that all these cheques have been issued under same cause of action.
13 In Complaints filed by companies, it is sufficient if the complaint says that complainant is represented by an authorized person who has knowledge of the subject transaction.