Exercises on how to draft an application for interim compensation

under NI Act and how to file a complaint under Section 138 NI Act
against a Company

Exercise 1: Drafting a Complaint under Section 138 of NI Act

against a Company

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE AT

…………………..

COMPLAINT NO._________OF 20..

IN THE MATTER OF:

TVBV
Registered office at-----
---------
Represented by
-------------- ….COMPLAINANT

VERSUS

1. M/s. Smart Class Ltd

Registered office at—
------------
Represented by its promoters
2. Digvijay
S/o……..
Residing at----
3. Ranvijay
S/o……..
Residing at----
4. Singh
S/o……..
Residing at----
….ACCUSEDS
COMPLAINT UNDER SECTION 138 READ WITH SECTION 142 OF
THE NEGOTIABLE INSTRUMENT ACT, 1881

The humble petition on behalf of the Complainant above named –

MOST RESPECTFULLY SHOWETH:-

1. The complainant is a company incorporated under the Companies Act,

1956. The present complaint has been signed and verified and the

same has been instituted on behalf of the complainant company by Shri

____, Director of the complainant company. He has authority to do so

by virtue of an authorization letter/ Power of Attorney granted by the

complainant Company in his favour. The said authorization letter/

Power of Attorney is annexed herewith and marked with letter “A”.

2. The complainant company is a reputed manufacturer and supplier of TV

sets.

3. It is respectfully submitted that the accused is carrying on business

pertaining to providing ‘turn-key’ solutions including setting up and

implementing the “Smart-Class” program to licensee school. The

promoters are the authorized signatory. In order to be able to provide

turnkey solutions, they had to procure LCD Screens to be

able to implement the Smart-Class Program at schools. They used to

procure TV Sets from a Company called TVBV Ltd

4.