INDIAN ACADEMY OF LAW AND

MANAGEMENT

Drafting Legal Pleadings

for Indian Courts
MODULE III
IALM

This is an online course with an objective to guide young lawyers, law students,
litigants on the methods of drafting legal pleadings for Indian courts. This will enable
students to quickly file and prosecute Legal Suits, Public Interest Litigation (PILs),
Private Criminal Complaints, Bail Applications, Appeals, Review of Orders. The art
of drafting has been explained in a simple and crisp manner to avoid huge legal
jargon and enable people to file Court Pleadings.
 MODULE 3
CRIMINAL PLEADINGS

INTRODUCTION

Pleadings are the tools that the state uses to charge criminal offenses. In cases tried in district
court and on appeal for trial de novo in superior court, pleadings include arrest warrants, criminal
summons, citations, magistrate’s orders, and statements of charges. In juvenile court, the juvenile
petition is the pleading. In cases initially tried in superior court, the state must obtain an
indictment or information.

A properly-drafted criminal pleading fulfils three main functions. It:

• provides the court with jurisdiction to enter judgment on the offense charged;
• provides notice of the charges against which the defendant must defend; and
• enables the defendant to raise a double jeopardy bar to a subsequent prosecution for the same
offense.

General Requirements for criminal pleadings

All court pleadings must contain:

1. A plain and concise factual statement supporting every element of the offense charged;
2. A separate count addressed to each offense charged;
3. A reference to the statute or other provision of law allegedly violated;
4. The name or other identification of the defendant;
5. The county where the offense took place; and
6. The date on which, or time period during which, the offense took place.

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COMPLAINT

Section 2 (d) of the Code of Criminal Procedure, 1973 (CrPC) defines complaint as any allegation
made orally or in writing to a Magistrate, with a view to his taking action under this Code, that
some person, whether known or unknown, has committed an offence, but does not include a
police report.It is further explained that a report made by a police officer in a case which
discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a
complaint; and the police officer by whom such report is made shall be deemed to be the
complainant.

The District Magistrate (D.M.) is the head of the Criminal Administration. He can be approached
for redressal of the following grievances.

1. For problems pertaining to law and order, violation of Human Rights, bonded labour,
harassment from gangsters, mafias or goondas. D.M. is empowered to seize the ill-gotten
property of the gangsters and extern the goondas from the district.

2. D.M. can be approached for proper action under N.S.A. (National Security Act) against
those persons who disturb 'Public Order'.
3. The District Government Counsel or Senior Public Prosecutor / Public Prosecutor /
Assistant Public Prosecutor present cases against the criminals in the court of law. D.M.
can be contacted for any problem related to government cases (Section 24/25 Cr.P.C.).
4. Misuse of weapons.
5. Action against persons disturbing 'public tranquilly' (Section 107 Cr.P.C.).
6. Action against persons trying to conceal their presence with a view to commit a cognizable
offence (Section 109 Cr.P.C.).
7. Obtaining security for good behavior from habitual offenders (Section 110 Cr.P.C.).
8. Action under section 133 Cr.P.C. for taking action against:-
a) People indulging into 'Public Nuisance'
b) Hazardous industries

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 c) Hazardous buildings
d) Hazardous animals
9. Urgent matters of nuisance (Section 144 Cr.P.C.).
10. Action against persons guilty of keeping stolen property/forged documents (Section 94
Cr.P.C.).
11. Abduction of females, children etc. (Section 98 Cr.P.C.).
12. Complaints regarding death in police custody (Section 176 Cr.P.C.).
13. Disputes regarding possession of land and property (section 145 Cr.P.C.)
14. Grievances regarding Child Labour
15. Grievances regarding Cinema/Video theatres

16. Grievances regarding jail

17. Grievances regarding elections
18. Grievances regarding Land Records, Land Revenue etc.
19. Grievances regarding Local Bodies

COMPLAINTS UNDER SEC.133 OF Cr PC

Section 133 of Cr PC enumerates the power to deal with public nuisance. The power can be
exercised either on receipt of a police report or other information. It results in conditional order.
No evidence is required. The proceedings are entirely ex parte. If the magistrate thinks that any
unlawful obstruction or nuisance should be removed from any public place, then he may pass an
order. The word 'public' in public nuisance can be categorized as a class or community residing
in a particular locality. The number of persons claiming the right and the nature of right will be
the criteria. It has to be seen whether the right is vested in large number of person so as to make
them a community or class.

COMPLAINTS UNDER SEC. 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

Bouncing of a cheque invites criminal prosecution under section 138 of the Negotiable
Instruments Act, 1881 (NI Act). Punishment for the offence under section 138 of NI Act is

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imprisonment up to two years or fine which may extend to twice the cheque amount or both. The
offence is bailable, compoundable and non-cognizable.

Essential ingredients of an offence under the section can be summed up as follows:

1. A person must have drawn a cheque on a bank account maintained by him.

2. The cheque should have been issued in discharge, in whole or in part, of any debt or
other liability.

3. The cheque has been presented to the bank within the period of its validity.

4. The cheque is returned by the bank unpaid, either because of funds insufficient or it
exceeds the amount arranged to be paid.

5. The payee makes a demand for the payment by giving a notice in writing, within 30
days of the receipt of information by him from the bank.

6. The drawer fails to make payment of the said amount of money within 15 days of the
receipt of the said notice.

7. Complaint is made within one month of the date on which the cause-of-action arises.

The following special points need to be also considered:

1. An offence in terms of section 138 is committed even if the cheque is returned on the
ground of “closure of the account”.

2. Return of cheque unpaid with the advice “account operation jointly, other Director’s
signature required”, amounts to dishonour of the cheque within the meaning of sec. 138.

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3. In case a cheque is returned with the comments “Refer to drawer” it will be a matter of
evidence to prove that the drawer had sufficient funds at the time of return of cheque and
that the bank returned the cheque for some reason other than lack of funds.

4. If a cheque is returned due to its payment being stopped by the drawer, it will be
necessary to prove that the drawer had sufficient funds in his account at the time of return
of cheque and the stoppage was for some other justifiable reason (Discussed in more
detail below).

5. Absence of Mens rea (criminal intent) is not a permissible defense in bouncing of cheque.

For filing of a complaint the following points should be kept in mind:

1. Complaint in writing should be filed by payee or holder in due course.

2. Complaint can be filed by an advocate / power of attorney or by a duly authorized

agent of the complainant.

3. In case of a company, a person duly authorized in a meeting of Board of Directors of the

Company should file the complaint.

4. Complaint to be filed before Judicial Magistrate of the first class or before a Metropolitan
Magistrate. In most district courts, there are designated magistrates to deal with NI Act
cases. Please check the applicable magistrate based on the location of the office of the
complainant.

5. Complaint should be made within 30 days of the date of cause of action, which is when the
drawer fails to make payment of the demanded amount of money within 15 days of the
receipt of the notice issued by payee / holder of cheque.

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6. If there is delay in filing of the complaint, the Magistrate can condone the delay. A specimen
compliant is appended in Schedule I of this module for ready reference.

APPLICATION FOR BAIL (SEC.436 OF CR PC)

The word “Bail” means the security of a prisoner’s appearance for trial. The effect of granting
bail is, accordingly not to get the prisoner free from jail or custody, but to release him from the
custody of Law and to entrust him to the custody of his sureties who are bond to produce him at
his trial at a specified time and place. Grant of bail is a rule and refusal is an exception. A person
accused of a bailable offence has the right to be released on bail. Bail in case of bailable offences
is compulsory.

Who may be released on Bail?

A person who is accused of a bailable offence will be entitled to a bail under this section. He will
be entitled to bail if:

a. He is accused of a bailable offence;

b. He is arrested or detained without warrant by an officer-in-charge of a police
station or appears or is brought before a court;
c. A complaint or a police report of a bailable offence is made against him, or he is
suspected of having committed such an offence.

But even though the offence is bailable, bail will not be granted if the accused stultifies the
process of the court or breaks his bond of appearance.

A specimen bail application u/s 436 of Cr. PC is appended in Schedule I of this module for
ready reference.

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APPLICATION FOR ANTICIPATORY BAIL (SEC.438 OF CR PC)

In simple terms "Anticipatory bail" means, "bail in anticipation of arrest". Section 438 of Cr PC
states as follows:

1. When any person has reason to believe that he may be arrested on an accusation of
having committed a non-bailable offence, he may apply to the High Court or the Court of
Session for a direction under this section, and that Court may, if it thinks fit, direct that in
the event of such arrest he shall be released on bail.

2. When the High Court or the Court of Sessions makes a direction under sub-section (1), it
may include such conditions in such directions in the light of the facts of the particular
case, as it may think fit, including-

(a) a condition that the person shall make himself available for interrogation by a
police officer as and when required;

(b) a condition that the person shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police officer;
(c) a condition that the person shall not leave India without the previous permission
of the Court.
(d) such other condition as may be imposed.

Essentials of filing an Application for Anticipatory Bail

The anticipatory bail cannot be granted after a Magistrate has issued warrant. The presence of the
applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the
application and passing of final order by the Court, if on an application made to it by the Public
Prosecutor, the Court considers such presence necessary in the interest of justice.

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• Anticipatory bail orders should be of a limited duration only and ordinarily on the expiry
of that duration the Court granting anticipatory bail should leave it to the regular Court to deal
with the matter on an appreciation of evidence placed before it after the investigation has made
progress or the charge-sheet is submitted.

• Anticipatory bail cannot be granted in all cases as a matter of course. The exercise of
power has to be invoked in exceptional cases only. While considering the prayer for grant of
anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be
caused to the free and full investigation and there should be prevention of harassment and
unjustified detention of the accused.

• Anticipatory bail cannot be granted as a matter of right. Applicant can approach High
Court for grant of anticipatory bail even if his application is rejected by the Court of Sessions,
but not vice versa.

• Section 438 (1) of the Code lays down a condition, which has to be satisfied
before anticipatory bail can be granted. The applicant must show that he has “reason to believe’
that he may be arrested for a non-bailable offence. The use of the expression “reason to believe”
shows that the belief that the applicant may be so arrested must be founded on reasonable
grounds.

• The filing of a First Information Report is not a condition precedent to the exercise of
the power under S. 438. The imminence of a likely arrest founded on a reasonable belief can be
shown to exist even if an FIR is not yet file.

• Anticipatory bail can be granted even after an FIR is filed, so long as the applicant has
not been arrested.

• After arrest, the accused must seek his remedy under S. 437 or Section 439 of the Code, if
he wants to be released on bail in respect of the offence or offenses for which he is arrested.

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A specimen bail application u/s 438 of Cr. PC is appended in Schedule I of this module.

PETITIONS UNDER 482 OF Cr PC FOR QUASHING OF FIR

Sec. 482 deals with Inherent powers of the Court. The state high courts in India have been given
supervisory and regulatory powers over the conduct of the lower criminal courts within their
respective territorial jurisdiction, including inherent powers under section 482 of Cr PC. Section
482 confers inherent powers on the state high courts to intervene in any criminal proceedings, to
prevent abuse of the process of the court and to secure the ends of justice. Faced with a false
criminal complaint, a person can file a petition under section 482 of the Cr PC with the
state high court and seek quashing of the criminal complaint.

Inherent powers u/s 482 of Cr PC. include powers to quash FIR, investigation or any criminal
proceedings pending before the High Court or any Courts subordinate to it and are of wide
magnitude and ramification. Such powers can be exercised to secure ends of justice, prevent
abuse of the process of any court and to make such orders as may be necessary to give effect to
any order under this Code, depending upon the facts of a given case. Court can always take note
of any miscarriage of justice and prevent the same by exercising its powers u/s 482 of Cr PC.
These powers are neither limited nor curtailed by any other provisions of the Code. However
such inherent powers are exercised sparingly and with caution.

Below are the conditions under which an FIR can be quashed:

1. Where the allegations made in the first information report or the complaint, even if they
are taken at their face value and accepted in their entirety do not prima facie constitute
any offence or make out a case against the accused.

2. Where the allegations in the first information report and other materials, if any,
accompanying the FIR do not disclose a cognizable offence, justifying an investigation by

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 police officers under Sec.156(1) of the Code except under an order of a Magistrate
within the purview of Sec.155(2) of the Code.

3. Where the uncontroverted allegations made in the FIR or complaint and the evidence
collected in support of the same do not disclose the commission of any offence and
make out a case against the accused.

4. Where, the allegations in the FIR do not constitute a cognizable offence but constitute
only a non-cognizable offence, no investigation is permitted by a police officer without an
order of a Magistrate as contemplated under Sec. 155 (2) of the Code.

5. Where the allegations made in the FIR or complaint are so absurd and inherently
improbable on the basis of which no prudent person can ever reach a just conclusion that
there is sufficient ground for proceeding against the accused.

6. Where there is an express legal bar engrafted in any of the provisions of the Code or the
concerned Act (under which a criminal proceeding is instituted) to the institution and
continuance of the proceedings and/or where there is a specific provision in the Code
or the concerned Act, providing efficacious redress for the grievance of the aggrieved
party.

7. Where a criminal proceeding is manifestly attended with mala fide and/or where
the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on
the accused and with a view to spite him due to private and personal grudge.

MAINTENANCE APPLICATION (SEC.125 OF Cr PC)

Although right to maintenance forms a part of the personal law, but in order to protect women
and children and provide a swift and cheap remedy against neglect and refusal to maintain, a
secular safeguard irrespective of personal laws of the parties was necessary. With this intention

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Sec. 125 was inserted in the Cr PC.

Who can claim maintenance u/s 125 of Cr PC?

The following can claim maintenance u/s 125 irrespective of their religion;

• Wife, if she is unable to maintain herself,

• Legitimate or illegitimate minor child, whether married or not, who is unable to maintain
himself or herself
• Father or mother who is unable to maintain himself or herself

There is no limitation period for making an application for maintenance.

From whom maintenance can be claimed:

i. Husband
ii. Father
iii. Son

Under what conditions is a wife not entitled to maintenance u/s 125?

No wife shall be entitled to receive an allowance from her husband if:

• She is living in adultery, or

• Without any sufficient reason she refuses to live with her husband, or
• They are living separately by mutual consent.

However if the husband has married another woman or keeps a mistress, it shall be considered to
be just ground for the wife's refusal to live with him.

Which Courts are entitled to entertain and decide applications u/s 125 Cr PC?

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Proceeding may be taken against any person before a Judicial Magistrate of any district:-

a. Where he (the person from whom maintenance is claimed) is, or

b. Where he (the person from whom maintenance is claimed) or his wife resides, or
c. Where he (the person from whom maintenance is claimed) last resided with his wife, or as
the case may be, with the mother of the illegitimate child.

A specimen maintenance application u/s 125 of Cr. PC is appended in Schedule I of this module.

CRIMINAL APPEALS

Hierarchy Criminal Courts

1. At the subordinate level there are broadly four levels of courts for any territory in a
state. These are Executive Magistrates, Judicial Magistrates of Second Class, Judicial
Magistrates of the first class (Metropolitan Magistrate in a Metropolitan area) and the
courts of session in the increasing hierarchical order.
2. Every state consists of many sessions’ divisions and every session’s division in turn
consists of many districts. These districts may be further divided into sub-division.
3. That apart, cities designated as metropolitan areas such as Bombay, Calcutta and Madras
are considered as a separate sessions division and district for these metropolitan areas the
machinery for administration of criminal justice is little different from that of the order
areas of the state.
4. A person convicted by a Metropolitan Magistrate or an Assistant Session Judge or
Magistrate of First class or of the Second class may appeal to court of sessions.

APPEAL BY CONVICTED PERSON

Any person convicted on a trial held by Sessions judge or an Additional Sessions judge or on a

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trial held by any other court in which a sentence of imprisonment for more than seven years has
been passed against him or against any other person in the same trial may appeal to High Court.

NO APPEAL: LIMITED APPEAL

No appeal can be filed where a court of Sessions or a Metropolitan Magistrate passes only a
sentence of imprisonment for a term not exceeding 3 months or if fine not exceeding Rs. 200/- or
both such fine & imprisonment. No appeal lies from a sentence of fine of Rs. 100/- or less
imposed by the Magistrate of First Class or from a sentence of fine of Rs. 200/- or less passed in a
summary trial.

Furthermore, if the accused person had confessed his guilt before a court and was convicted on
such confession he cannot appeal against his conviction but can only challenge the extent or
legality of the sentence. But any person, whose sentence is not appealable, has right to appeal if
his co-accused has been given an appealable sentence in the same trial.

APPEAL BY STATE

The State Govt. can appeal to the High court for enhancement of the sentence of the accused in
case it finds that the sentence is inadequate. The High Court can enhance the sentence but it has to
give a reasonable opportunity to the accused person to challenge the said enhancement.
Furthermore, the accused person can also plead for acquittal or for reduction of sentence in such
cases. The state can also appeal against order of acquittal passed by any court to the High Court.
The appeal against acquittal can only lie to the High Court. The appeal can be entertained by the
High Court only if it grants leave for the same to the appellant

APPEAL BY COMPLAINANT

1. If the accused is acquitted in a case instituted upon a complaint the complainant may also
file appeal against the acquittal after seeking leave to file the appeal.

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 2. The complainant should seek the leave to file appeal within 60 days from the order of the
acquittal. But in case the complainant is a public servant, the leave can be sought within 6
months from the order of the acquittal. The appeal has to be filed within 30 days after
obtaining the said leave.
3. If the complainant's application seeking leave to appeal is refused by the High Court, no
appeal can be filed even by the state.

PROCEDURE

1. The appeal has to be filed in the form of a petition in writing and is to be presented by the
convict / accused person himself, or his advocate. If the convict is in prison, he may
submit his appeal through the jail authorities.
2. The petition of appeal should contain concise and clear grounds on which appeal is
sought. The misappreciation of evidence in record or misapplication of settled principles
of criminal law or severity of sentence constitute sustainable ground in criminal cases.
3. The court can dismiss the appeal summarily (that is informally without a detailed
hearing) if it considers that there is no sufficient ground for interfering but before
dismissing the appeal summarily, the appellant or his Advocate has to be given a
reasonable opportunity to present their case before the court.
4. Even when a appeal is filed by an accused person from jail, he has to be heard unless the
court thinks that the appeal is frivolous or that bringing the accused to the court would
bring inconvenience disproportionate to the circumstances of the case.
5. No appeal filed by accused person from jail can be dismissed summarily unless the
period allowed for filing such appeal has expired. In cases, where an appeal filed by an
accused through jail authorities is dismissed summarily by the court finds that another
petition of appeal duly presented by the accused himself or his Advocate has not been
considered by it, the court can hear and dispose of such appeal in accordance with law if
it feels that it is necessary in the interests of justice to do so.
6. The High court is required to give reasons for dismissing the appeal and the power to
dismiss the appeal summarily has to be used sparingly.

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 7. If the appeal is not dismissed summarily, the notice of the time and place of formal
hearing is given to the accused or his Advocate, state and the complainant, if there is any
in the case. At the specified time, place and day the appeal is heard and disposed off.

BAIL PENDING APPEAL

Where an appeal by a convicted person is pending before the court, the court may by reasons to be
recorded by it in writing, suspend the sentence passed against the convict and if the convict is in
confinement grant him bail.

Where a person is convicted by the High Court, the High Court can grant him bail if the person
satisfies the court that he intends to present an appeal the bail can be granted in two circumstances.

1. Firstly, where the offence of which the person has been convicted is bailable and the
person is on bail.
2. Secondly, where the person being on bail, is sentenced to imprisonment for a term not
exceeding three years. The bail in such cases is granted for period, which will provide
sufficient time to the convicted person to file appeal and obtain bail from the appellate
court.
3. If the appellant is finally sentenced to imprisonment, the time during which he was
released on bail as aforesaid is excluded in computing the term of his sentence. If an appeal
is filed against acquittal by the state or the complainant, the High Court may issue a
warrant for getting the accused arrested ad it may either grant him bail or may imprison
him.

REVISION

Apart from entertaining appeal from the subordinate courts, the High Court can call the records
from the subordinate criminal courts for its examination. The power is termed as the revisionary
power of court. The High court can call the records on its own or on an application made in that

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regard. The powers of revision cannot be exercised in relation to any interim order (temporary
order passed pending final disposal of a case) passed in any proceeding.

The power of revision can be exercised by the High Court on two grounds:

1. Where the finding, sentence or order of the High Court is illegal or improper
2. Where the proceedings are irregular.

LIMITATION

The limitation for filing appeal from a sentence of death passed by court of sessions or the High
Court in its original jurisdiction is 30 days and from any other sentence or order to the High Court
is 60 days and to any other court is 30 days.

The period of limitation against an order of acquittal is 90 days but where appeal against such
order has to be made after seeking special leave of the court, the period of limitation is 30 days.

No court fee is payable in Criminal appeals if the convicted person is in jail and is filing the appeal
from jail otherwise court fee as per schedule is to be paid.

APPEAL TO SUPREME COURT

An appeal can be filed against any judgment, final order or sentence of a High Court in a
criminal proceeding in following situations.

1. Firstly, if the concerned High Court has an appeal reversed an order of acquittal of an
accused person and sentenced him to death. Imprisonment for life as to imprisonment for
a period of not less than ten years.
2. Secondly, if the High Court has withdrawn for trial before itself any case from any of its
subordinate courts and in such trial has convicted the accused person and sentenced him

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 to death or to the imprisonment for life or for a period of not less than ten years.
3. Thirdly, if the High Court certifies that the case is a fit one for appeal to the Supreme
Court.
4. Lastly, a person convicted on a trial held by the High Court in its extraordinary original
criminal jurisdiction can also appeal to the Supreme Court.
5. However no appeal can be filed by a convicted person if the sentence, passed against him
by the HC does not exceed the term of 6 months as fine not exceeding 1000 as both such
imprisonment and fine.
6. The criminal appeal can be filed if the High Court disregarded or misapplied the
established principles of criminal law.

PROCEDURE

1. The memorandum of appeal should be in the form of a petition and should contain
concisely and as far as possible, in a chronological order the principal steps in the
proceedings from its commencement in the subordinate courts till its conclusion in the
High Court.
2. The petition of appeal has to be accompanied by a certified copy of the judgment/order
challenged in the appeal and as well the certified copy of the certificate of the High Court
in case appeal is filed on a certificate.
3. In cases where the High Court has passed a summary order (that is a brief order without
hearing the matter in details) or where the High Court has not recorded reasons as
grounds for granting the certificate and in certain appeals in the contempt cases 4
certified (or uncertified copies if such copies are affirmed to be true copy upon affidavits
of the judgment or order and decree of the subordinate court are also required to be filed
with the petition of appeal.
4. Where the appellant has been sentenced to a term of imprisonment, the petition of appeal
is required to state if the appellant has surrendered. If the appellant has not surrendered to
the sentence, the appeal cannot be registered unless the court on a written application
orders its registration where the appellant is in jail; he may present his petition of appeal

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 through the offices-in-charge of the jail.

COURT FEES

No court fee is payable in Criminal appeals.

LIMITATION

A Criminal appeal in which a certificate has been granted by the High Court is required to be
filed within 60 days from the date of the said certificate. In other cases, appeal is to be filed
within sixty days from the date of the judgment; final order or sentence appealed from.

But in computing the period of limitation, the time spent for obtaining a copy of the judgment as
order appealed from or the time spent on obtaining the certificate and order granting the
certificate are excluded.

Again, if sufficient cause is shown, delay in filing the criminal appeal may be condoned by the
Supreme Court.

BAIL PENDING APPEAL

The Supreme Court has same powers as the High Court for granting bail to the accused pending
his appeal.

ABATEMENT

The Criminal appeals in the Supreme Court would abate or continue at the death of the accused
on similar grounds as before the High Court.

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 SCHEDULE I

COMPLAINTS UNDER SEC. 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE
_________________Courts, ___________
Complaint Case No.............. of 2013

In the matter of:

……………………………………...

Through its Director................. …….Complainant

VERSUS

1. M/s ( company).......................................

2. Managing Director...................................

3. Finance Director.......................................

4. Director.......................................... …….Accused

POLICE STATION:

Complaint under section 190 of the Criminal procedure code, 1973 for taking cognizance of the
offense committed under sections 138, 141 of the Negotiable Instruments Act, 1881.

Most respectfully submitted

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1. The complainant is a company incorporated under the provisions of the Companies Act,
1956 having its registered office at..... and the complainant is having its branch office
in Delhi at the above address. The Complainant Company disengaged in the business of
purchase and sale of....... The present complaint is filed through Mr........... who is
competent to file this complaint on behalf of the Company.

2. The accused No.1 is a company incorporated under the provisions of the companies Act,
1956, having its registered office in Delhi at above address. The accused No.1 company is
engaged in business of purchase & sale of .

3. The accused No. 2 is the Managing Director, the accused No. 3 is the Finance Director and
the accused No. 3 is the Director of the accused no.1 company and wholly responsible for
the conduct of the accused company. The affairs of the accused No. 1 company are
managed by accused No. 2 to 4 and as such they are in control of the affairs of the accused
No. 1 company & liable of all the facts and deeds committed by the accused No.1
company.

4. The accused No. 2 placed an order with the Complainant company on dated... or the supply
of ... The complainant company supplied the above machines on Dated......and the accused
No.1 had taken delivery of the machines on dated .........vide delivery challan No. …….
dated..... The complainant company had raised an Invoice No......... dated............ for
Rs............ (Rs ...........) on the accused No.1 company.

5. That the accused No.1 company through the hands of accused No. 3 issued a cheque drawn
on........ bearing No. ......... dated......for Rs. …….. in discharge of the above liability.

6. That the complainant company presented the above said cheque for collection through its
bankers.............. & to its dismay found that the cheque was returned unpaid on

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 dated............ for want of sufficient funds in the A/c of the accused.

7. That the complainant had immediately sent a legal notice on dated........to the accused
company demanding therein the payment of Rs......... within 15 days of the receipt of the
notice. The above notice of demand was received by the accused on dated.........

8. That the accused had failed to make payment of Rs......within 15 days from the date of
receipt of statutory notice.

9. That the issuance of cheque by the accused without having sufficient funds in the bank is
an act which has been done deliberately, mischievously & malafidely with an intention to
c h e a t t h e c o m p l a i n a n t c o m p a n y . The a c c u s e d w a s a w a r e o f t h e f a c t t h a t
on presentation the cheque would never be honored because of insufficiency of funds
in their A/c.

10. The complainant submit that it had presented the cheque within the time limit prescribed by
the Negotiable Instruments Act 1881 and the dishonored cheque was issued by the accused
by the accused without maintaining sufficient funds in the account further the accused have
failed to make the payment of the sum covered under the dishonored cheque within 15 days
from the date of receipt of the notice of demands. Therefore, all the accused have
committed the offense under section 138 of the Negotiable Instruments Act, 1881.

11. That the complainant company had sent a registered legal notice to the accused No.1
company within the time limit prescribed by the Negotiable Instruments Act, 1881 and
the accused had not made the payment within 15 days of the receipt of the notice thereof.
The above said cheque was cheque was issued in Delhi and returned unpaid from the
complainant's Bank in Delhi, hence this Hon'ble court has jurisdiction to take cognizance
of the offense.

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PRAYER

It is, therefore most humbly prayed that this Hon'ble court may be pleased to take the
complaint on record and punish the accused according to law and in the interest of justice.

Place:
Dated.............

Complainant Counsel for the Complainant

LIST OF DOCUMENTS FILED

1. Cheque No.... Dated.......for.......Rs.........drawn on bank......... (In original)

2. Copy of the legal notice dated.........sent to the accused.
3. Postal proof of dispatch of the above legal notice (In original)
4. Postal Acknowledgment cards received back from the accused (In original)

LIST OF WITNESSES

1.

2.

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 APPLICATION UNDER SECTION 436 OF CR PC FOR THE GRANT OF BAIL
IN THE COURT OF ______________________

In Re:
Petitioner
Versus
Respondents
FIR No. : Dated Police Station:
Offence Under Section:

Application under Section 436 of Cr PC for the grant of Bail

Respectfully Showeth:

1. That the applicant has been involved in a false and frivolous case by one Sh. ________ by
lodging a complaint with the SHOPS _______ on ________ for offence under sections ________
of the IPC. The applicant/accused has been arrested by the Police of Police Station: ________
subsequent to the above complaint.

2. That it is submitted that the allegations made against the applicant/accused are false,
frivolous and vexatious and lack in the material substance. The applicant belongs to a very reputed
family in his locality. The allegations are that ________

3. That the applicant/accused is a permanent resident of ________ and earning livelihood by

________. The applicant has his old parents dependent upon him and the applicant is the only
bread earner for the family.

4. That the applicant/accused is innocent and has been involved falsely due to the personal
grudge to settle the score against the applicant/accused________ OR due to enmity and family

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feud. It is submitted that the complainant is an influential and high-handed person. ________ .

5. That by getting the applicant/accused arrested the applicant has been deprived of his
valuable fundamental right of liberty by abuse of powers and process of law by the complainant
________ .

6. That the applicant is willing to furnish surety and bail bonds to the satisfaction of this
learned court in case he is ordered to be released on bail. The applicant is also willing to join the
investigations and bind himself by the terms and conditions laid down by the law or by this
Hon'ble court. It is further submitted that the applicant is not at all required for the investigations.
However, if the applicant is required for investigation, the applicant/accused undertakes to be
present as and when required in accordance with the law.

7. That neither any recovery is to be effected from the applicant nor is the applicant in a
position to temper with the prosecution evidence. The applicant will associate with the
investigation whenever required to do so.

It is, therefore, most respectfully prayed that:-

a. That the applicant may be ordered to be released on bail and this application for bail may
kindly be allowed;
b. That till the decision of this application interim bail may be granted to the applicant; _____
c. That the directions may be issued to the police to get the applicant/accused medically
examined at the immediately; _____
d. Such other orders be also passed in favour of the applicant as deemed fit and proper in the
facts and circumstances of the case and in the interest of justice.

Coimbatore Applicant
______ Through, Advocate

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Note:-

1. This application is filed through the _____ father and next friend of the applicant/accused,
Sh. ______. It is, therefore, prayed that the application of the applicant/accused may kindly be
allowed and the applicant/accused may kindly be released on interim bail in the interest of Justice.
2. That the applicant/accused is under police custody. Therefore, the requirement of affidavit
and signature may kindly be dispensed with.

Coimbatore Applicant
_______ Through, Advocate

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 IN THE COURT OF ___

Applicant
Versus
Respondent

Affidavit in support of the application under Section 436 of CrPC

I, _______, do hereby solemnly affirms and declare as under:-

1. That the accompanying application under section 436 CrPC has been drafted at my
instance and under my instructions.
2. That the contents of paras 1 to ______ are true and correct to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no
part of it is false and nothing material has been concealed therein.

Affirmed at ________, on this _____ day of 2013.

Deponent

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 ANTICIPATORY BAIL APPLICATION
IN THE COURT OF DISTRICT AND SESSIONS JUDGE, AT ------

IN THE MATTER OF
STATE
VS
Police Station …………………
FIR No. ……………………….
U/S ……………………………

APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF

OF THE ACCUSED----------------------------------

MOST RESPECTFULLY SUBMITTED AS UNDER:-

1. That the present FIR has been registered on false and bogus facts. The facts stated in the
complaint are fabricated, concocted and without any basis.

2. That the police has falsely implicated the applicant in the present case, the applicant is a
respectable citizen of the society and is not involved any criminal case at all.

3. That the facts stated in the complainant against the accused person are civil disputes and
does not constitute any criminal offence at all.

4. That the applicant is not required in any kind of investigation nor any kind of custodial
interrogation is required.

5. That the applicant is having very good antecedents, he belongs to good family and there is
no criminal case pending against them.

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6. That the applicant is a permanent resident and there are no chances of their absconding
from the course of justice.

7. That the applicant undertakes to present himself before the court as and when directed.

8. That the applicant undertakes to cooperate with the police during the course of
investigation.

9. That the applicant undertakes not to tamper with the evidence or the witnesses in any
manner.

It is therefore prayed that the court may direct the release the applicant on bail in the event of their
arrest by the police.

Any other order which the court may deem fit and proper in the facts and circumstances of the
case may be also passed in favor of the applicant.

(-----------------------------)
APPLICANT
THROUGH
COUNSELS

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 PETITION BY WIFE UNDER SECTION 125, CR PC FOR MAINTENANCE
In the Court of ______ Judicial Magistrate No.___
Case No. ______ under section 125, Cr PC

Petitioner W (wife)
Daughter of...........
Village..................
Thana ...................
Occupation ........... Opposite Party H (husband)

Versus

Son of...........................
Village .........................
Thana............................
Occupation ..................

In the matter of maintenance petition of petitioner W from the husband H per s. 125, Cr PC The
above name petitioner.

RESPECTFULLY SHOWETH:

1. Petitioner W being married wife of opponent party, they married according to the Hindu
rites on___________.

2. The opponent party H being a clerk on the staff of AB & Co. Ltd. holding a responsible
position and drawing salary of Rs. 8000 per month.

3. The opponent party strongly attacked the petitioner on ................... and drove her away
from the matrimonial house on............................. before various gentlemen of the vicinity.

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4. That the opponent party leading a life of drunkenness and habitual lewdness. He is besides
a man of uncertain temperament and become enraged season and out of season without any reason
whatever. He has lost all sense of decorum and uses abusive language.

5. Petitioner after having being driven out of the house by the opponent party, came to her
father's place on same day and staying there in his family members.

6. The opponent party was served with a pleader's notice for remitting petitioner Rs. 900
monthly for maintaining her but without effect. Having regard to violent temper of H and his
inhuman type of beating petitioner she does not dare to go back to the place of the opposite party.

Petitioner hence prays that Your Honour may be pleased to issue notice on the opponent party and
after leading evidence of both sides be pleased to order the opponent party for paying petitioner
maintenance at the rate of Rs. 900 monthly. And petitioner, as in duty bound, shall ever pray.

Verification

I, W, daughter of MN resident of.......................... do hereby solemnly affirm on oath say as under:

1. I being petitioner above-named and I know the facts/circumstances of the case and I am
able to depose thereto.

2. The statements in the paragraphs 1, 2, 3, 4, 5 and 6 of the foregoing petition are true to my
best knowledge and that I have not suppressed any material fact. Solemnly affirmed by the said
Mrs. Won the ............ day of.........in the Court House at ______.

Before me
Notary

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