pay

saimccx0sts, goods--ifthe go
description of orsale by
description
Conplete sample
(iv) whetherit wassale by
shouldbepleaded. delivery of goods has been
made-ifthe for
when reasons the sarne, shouid
Deliveryof goodsbe delivered,the defendant failed to make
(v) gOodscould not Example, the etc.
pleadings, lor unloadthe goods,
the
warehouscgodown to committed, etc.- should be stated in
contract is breach of'conditions' or
(vi) How breach of
example,the
is guilty
defendantGoods Act.
defined under
of
Sale
of
"ywar anfse
as
5.6.9 Limitation under Articles 14, 15, J6 and
limitation isthree years
The period of
tothe case.

of the contract sale, for exarnple, the ura:

5.6.10 Defences of
the validity
challenge defendant may plead that
The defendant maymisrepresentation, etc. The paid etc. the plaintif i
vitiatedbyfraud, sample etc. the price of the goods is
description or etc.
per the goods on the agreed date and time, rhe3
deliver the exhaustive more detences can be setup depending on
Tha coid defences are not
each case.

5.6.11 Specimen
Specimen No. I
DIVISION,
THE COURT OF CIVIL JUDGE SR.
IN
AT
|20
C.S. No.
ABC Pvt. Ltd.
the Companies Act, 1956)
(A company registered under
Through its director
Name:_ Plainiff
Age:
Occupation:
R/at:

Vs
 Chapter VDrafting of Civil Suits 129

XYZ Pvt. Ltd.

(Acompany registered under the Companies Act, 1956)
Through its director
Name: Defendant
Age:
Occupation:
R/at:.

Suit for recovery of money for the Goods/equipment sold

The plaintiff above-named most humbly submits as follows:
(1) The plaintiff states that the plaintiff is a company registered under the Indian
Companies Act, 1956, having its registered office at The company is
carrying on the business of manufacturing and selling of (state/describe the type
of goods) for the past 11 years.
(2) The defendant is a pharma company registered under the Indian Companies Act,
1956 and is having its manufacturing unit and registered office at
(3) The plaintiff submits that the plaintiff company in the course of its business had
approached the defendant company for the sale and supply of (stateldescribe the
goods/equipment) as the defendant company desired to buy the above stated
equipment for its unit at (place). The marketing executive of the
plaintiff company explained the features of the cquipment and all technical and
other relevant details to Mr. who is the director of the defendant
company and to the other officers/managers of the defendant company.
(4) The plainiff submits that, as the defendant company was satisfied with the
teatures, specifications and quality of the equipment, and therefore, the
defendant company invited the representatives of the plaintiff company for
commercial discussions. After due discussions and negotiations the plaintiff
Company sent its final offer with a discount of 10 % on date.
(D) The plaintiff submits that the defendant company placed an order on or about
(date) with the plaintiff's company for the purchase of the said
cquipment/goods vide its purchase order no.
9) The plaintiff submits that the plaintiff company as per the purchase order
no.
dated and as per its final offer and quotation dated
supplied the equipment to the defendant company on date.
Thereafter, the plainiff company deputed its installation Engineer to do the
Installation of the equipment. The installation Engineer worked on date,
date and date to complete the installation work as the
ofdefendant company was facing power supply problem. Theinstallation Engineer
the plaintiff could not attend the calls of his other customers as the
company
installation work got extended chan the scheduled time.
130 Drafing, Pleading and Conveyancing

(7) The plaintiff submits that the equipment was successfully installed and a
performance tests were also successful. The defendant company's representative
verified the same and accordingly signed the installation and performance report.
(8) The plaintiff submits that, as per the terms of purchase, he defendant
was supposed to make the payment on the supply and installation of
cquipment. The defendant company however till date has paid only Rs.
company
which is only 309% of the price of the equipment and is now avoiding the
payment under false and fabricated reasons.
(9) The plainiff submits that the plaintiff company has also furnished performanee
guarantee as per the terms of the purchase order. The plaintiff submits thar L
plaintiff company has complicd with allthe terms of the contract; however. the
defendant company is acting in total disregard to the terms of the contract by
paying the balance amount of the price of the equipment.
(10) The plaintiff company states that through emails dated
and the plaintiff company demanded the outstanding
payments from the defendant company. The detendant company did nor
respond to the emails dated and In response to the emails
dated and the defendant gave false reasons for the delay in
payment. The plaintiff company demanded the outstanding payments over the
phone several times. Thereafter the plaintiff company sent a notice through its
advocate Mr. dated by R.PA.D. demanding the said
outstanding amounts. The defendant company sent a false notice reply wherein
for the first time the defendant company alleged that the
satisfaction of the defendant company and the same is notequipment
is not to the
delivering the expected
results and thereby denied its liability to pay the balance amount of the price of
the equipment to the plaintiff company.
(11) The plaintiff submits that, under these facts and
no option but to file the present suit for the circumstances this plaintiff had
recovery of the price of
and other amounts payable by the defendantequipment
the tune of Rs. to
the plaintiff company. company to
(12) The plaintiff company submits that the
30% of the price was paid on equipment was installed on and
date. Thus, it is almost now 2 years that the
defendant company has not made the payment. Thus the
suffered huge business loss due to plaintiff company e
The particulars of the claim are as non-payment the defendant company.
(13) by
(i) Balance amount of the
follows:
(ii) Interest on the said
price of the Equipment Rs.
amount at the rate of %
p.a. from the date the
upto the date of filing amount became payable
of the suit Rs.
(ii) Loss of business due to
(iv) Damages for breach of delay in Payment Rs.
contract Rs.
Total Rs.
 Chapter VDrafting of Civil Suits 131

that the cauSe of action first arose on when

plainnif submits the defendant
The of the cquipment was done and
14)successfiulinstallation company
money and thereafter on date when the
the entire price
did not paycompany denied thc payment in Notice Reply andIthereafter, everyday
defendant
of this.suit. Hence, the present suit is well within the period of
tillthe fling
limitation.
valued at Rs. for the purposes of court fees, Advocate fees
Thatthesuit is herewith.
15) appropriate courtfee stamp is paid
ctc. and (place) and the registered office of
cause of aaction arose at
the L(place) therefore this Hon ble
16) That company is situated at
the defendant
territorial as well as pecuniary jurisdiction to entertain, try
and decide
Courthas
thepresentsuit.
therefore most humbly prayed that
02 Itis to pay an amount of
defendant company be directed and ordered
G) The the rate
(as stated in para 13) together with interest thereon at
acrual
date of filing of the suit till its
Rs.
of % per annum from the
realisation.
costs of this suit to the plaintiff from the defendant
() Award the
and equitable order as deemed fit in the interest of
(üi) Pass any other just
justice.
filed herewith.
An afidavit in support of the plaint is Signatory
Signature of Authorised
Place
(Seal of the Plaintif Company)
Date
Advocate for Plaintif

Verification
company do here
IM. Age Occupation Director of the plaintiff correct to
fromn paras 1 to 17 are true and
bebeiity that the contents in this plaint
he best of my belief, information and knowledge. The same is verified by me on this
tay of 20 at (Place).
Signature ofPlaintif
 follows
boundedas District the andDescription
Division
On On On On Al
that The Occupation:
R/at: Age Name: R/at:
Ocupation: Age:. Name: Speci59.m1en0
or or or or (2) ()
plaintiff 8)th()
atthe A (5)
towards
towards towards
towards piece
bearing
SurveyNo. referred
of between with The at
The that thspeci
at tic
the the the the
and the the plaintiff above-named plainiff THE
IN
the the
guilty chathte
suit
North WestSouth East parcel defendant to the claimplaintitplaintit of
property as newspaper
the plainciff
dated stares COURT performance delayfplaintift
is
- and
- - - of suit therefore, is
barred is and Chapter
land for came tsubmits
hat C.NO.S. OF of laches, nothas
fraud,already
guilty
property and
the of
sub-division sale this by
bearing across CIVIL
ofthe
approached plaintiff most SpecimenNo. I limitation.
compensated V-Drafting
admeasuring
totally for the
defendant,
contract, and come
the of respectfully
the Vs JUDGE
Talukaand No. misrepresentation, hence, to
sake land, adverisement was of the
he interested iscourt Civilof
of the
described Suit for
defendant.
brevity. plaintiff as for 20
breach, not
follows: entitied with Suits
about situate specific
herein given in or clean
withinwithin entered purchasing AT etc.,
After performance to
below by Defendant Plainiff of thhands.
e
the
the int o due the cquitabBe
Sq. and farmhouse
local an defendant in the
mtrs.
Registration hereinafter negotiations
limits agreement of Plaintitf
and contract relhef
land 147
is of
of is
 Conveyancing
Drafting, Pleading and
148
(3) The plaintiff submits that the plainiff entered into an agreement with the
date for the sale of the suit property. That as per
defendant on duly exccuted between the parties a total consideration payable the
said agreement by
is Rs. J- (Rupees
plaintifl to the defendant
theOnly). The plaintiff submits that the plaintiff paid an amount of Rs.
/- as catnest money at the time of executing the agreement. The
defendant issued avalid receipt for thesame and acknowledged the said payrnent

(4) ofThc
carnest money.
plaintiff submits that, as per the agrcement clause (7) it was agreed thar the
the defendant in favor of the plaintiff
plaintiff shall pay thewithin 3
be cxccuted by
sale deed will agrecment and the
months from the date of thc entire
consideration at the time of executing the sale deed
amount of balance a draft of the sale deed to the
The plaintiff submits that the plaintiff had sent
(5) date. The plaintiff submits that in
defendant for his approval on by emails, the defendant neither spite
phone, and approved
of repcated requests over this plaintift. The plaintiff states
the draft nor communicated anything to
obligations under k
the defendant has failed and neglected to honoursalehisdeed of the suit nron
agreement dated by refusing to execute the
in favour of this plaintiff.
legal notice dated by RPAD calling upon
(6) The plaintiff finally sent him a formalities and execute the sale deed as Der rhe
the defendant to complete all the fabricated notice renly
agreement dated The defendant sent a false and
date.
which was received by the plaintiff on
and willing to perform
(7) The plaintiff submits that plaintiff was and is always ready
amount of consideration to
his part of the contract and is ready with the balance
The plaintiff is
be paid to the defendant at the time of execution of the sale deed.
producing herewith the relevant extracts of his bank passbook.
breach of contract by not
(8) The plaintiff submits that the defendant has committed
hence
executing the sale deed within 3 months from the date of the agreement
from the Hon ble
there is need for seeking specific performance of the contract
Court.
date when the
(9) That the cause of action for the suit first arose on
stipulated time for execution of the sale deed elapsed and thereafter, every day tl
the filing of this suit.
and the appropriate
(10) That the market value of the suit property is Rs.,
court fee stamp is affixed herewith.
Ofthis Hon ble
(11) The suit property is situated within the territorial jurisdiction decide the suit.
Court and hence this court has jurisdiction to entertain, try and
(12) It is therefore most respectfully submitted as under: execute
to
(i) That ajudgment and decree be passed directing the defendant
suit
propertyon
the sale deed in favour of the plaintiff in respect of the
 Chapter V-Drafting of Civil Suits 149

consideration of Rs
receiving the balance of the sale J- within
Hon'ble Court.
the time fixed by this
of the defendant to cxecute sale deed as
(i) In casc of the failure on part
directed above, the Hon'ble Court be pleased to appoint a commissioner
for and on
or any officer of this Honble Court to execute the sale deed
bohalfof the defendant in respect of the suit property described above free
plaintiff.
from all encumbrances, at the cost of the
defendant, his agents, cmployees, power of attorney holder etc. be
(iii) The with the suit
restrained by an order of permanent injunction from dealing
manner.
property in any
possession of the
(hw) The defendant be directed to put the plaintiff in vacant
suitproperty.
from the defendant.
(v) Award costsof this suit to the plaintiff
the interest of
(wi) Pass any other just and equiable order as deemed fit in
justice.
filed herewith.
An affidavit in support is
Plaintiff
Place
Advocate for Plaintiff
Date
Verification

age occupation residing at the plaintiff above-named

do hereby state and declare that the contents of the above paragraphs in the plaint are true
and correct to the best of my knowledge, belief and information. Ihave signed and verified
the sarme on the abovementioned date.
Signature of Plaintiff
Specimen No. II
IN THE COURT OF CIVILJUDGE AT

C.S. NO. /20

Name:
Age:
Occupation: Plaintiff
RJat:
Vs
Name:
Age:
Defendant

RlOccupat
ac:. ion:
150 Drafting. Pleading and Conveyancing
Suit for specific
performance of
lhe plaintiff above-named submits most respectfully as follows:
contract
All that pice and parcel of land bearing No. together with
thereon. siuate within the Registration Division and
within the local limits of the
District structure standing
,sub-division and
Taluka bearing Survey No.
admeasuring about sq. mtrs and constructed portion admeasuring about totally
sq. mtrs. is bounded as follows
On or towands the East-
On or towands the South-
On or towands the West
On or towands the North
() The plaintiff states that the defendant is the absolute owner of the
described hereinabove, i.e., the suit property. property
(2) The plaintiff states that the plaintiff was in need of premises for
purpose and came to know that the defendant is interested in
property on lease. giving the suit
(3) The plaintiff states that the plaintiff met the defendant on
discussed the terms and conditions of lease. date and
(4) The plaintiff states that, thereafter on date the
as per orally agreed terms and conditions executed defendant
and plaintif
an agreement thereby
recording he agreed terms and conditions.
(5) The plaintiff states that, as per clause (6) of the said agreement it was
execute the lease deed within four months from the date of the agreement.
decided to
(6) The plaintiff states that, as per the agreement the plaintiff has paid
an amount of Rs.
dated
as premium to the defendant. The said payment is made
by cheque dated drawn on bank bearing Cheque No.
The defendant has realised the cheque and received the said premium
amount.

(7) The plaintiff states that the plaintiff called upon the date
defendant on
and requested him to execute the lease deed but the defendant was evasive and
retused to make any commitment forthe execution of the lease deed. Thereaftet.
the plaintiff again sent him an email dated and but the
defendant failed to respond to the same. The plaintiff states that the detendan
now avoiding to execute lease deed as per agreement dated in favourof
the plaintiff with respect to the suit
(8)
property.
The plaintiff states that the plaintiff in anticipation of conducting his business at
the suit property, printed brochures, visiting cards, made purchases of comp
printers and other office equipments and stationary. So also the plaintit has
obtained license under the Shop Act wherein he has shown the suit prop
his place of business.
 (hapter VDafting of Civil Suits

The
aintitt states that the plainitt is readv, willing and is in a posirion to
al the obligarions under the a_greement dated He is protucing
ahvngwirhthisplaint his pashok
extats.

plaintit states that the detendant after Areeing to give on lease the suit
(te The this plaintift. is now trving to sell the suit property The plainriff
submitsthatthe detendant agreed to give on lease the suit property for a duration
this plaintitt in anticipation of ohtaining the suit properry on
of 10 vears and
leasehas made all busines
plans and business commitments
The plaintiff states
that. . as the defendant failed to execute the lease deed wirhin
four monhs frrom the date of the agreement and is now very evasive arnd is trving
amid chis plaintitt under one pretext or the other. hence this plaintiff has no
airernative but to approach this Honble Court to scck the relief of specific
pertormance of the contract.
That the cause of action
arose on date when che detendant first retused to
)
execute the lease deed with respect of the suit property and thereafter every day
illthe fling of the suit.
13) That the cause of action arose on
and the suit is iled on Hence,
the suit fled is well within the prescribed period of limitation.
hence this court
(14) The plaintiff states that the suit property is situated at
has jurisdiction to entertain, try and decide the suit.
(15) That the suit is valued at Rs. for the purposes of reliefs claimed herein and
advocate fees,etc. and the appropriate court fee stamp is paid herewith.
(16) It is therefore most humbly prayed as follows:
) That judgment and decree for specific performance of the contract of lease
be passed in favour of the plaintiff and against the defendant.
(ü) Direct the defendant in pursuance of the above decree to execute the Deed
of Lease in favour of the plainiff with respect to suit property.
(i) The plaintiff be put in possession of the suit property.
iv) Award costs of the suit to the plaintiff from the defendant.
(") Pass any other just and equitable order as deemed fit in the interest ot
justice.
An
Place
affidavit in support iled herewith.
Plaintiff
Dae. Advocate for Plainit

Verification
do age the plaintitBabove-named
id hereby Occupation residing at
state and declare that the contents of the above paragraphs in the plaint are true
correct to the
he
same on best of my knowledge, belief andinformation. I have signed and verified
the
abovementioned date. Signature of Plainti
 Drafting. Pleading and Conveyacing
Specimen No, III
Complaint for the offence of Defamation
IN 1HE COURT OF JUDICIAL MAGISTARTE FIRSTr CLASS, (PLACE)
(riminalCase No. of

Complainant
Vs

Accused

Complaint for the offence of defamation

The complainant above-named submits as under:
() The complainant states that the complainant is working as Principal of
school and is a respectable member of the society residing at
The complainant is also the Managing Trustee of society
which runs the school. The complainant states that he enjoys a certain
degree of standing, starus and reputation in the society.
(2) The complainant submits that one Miss. joined the complainant's
schoolon date as a teacher. In ashort span of time Miss. due
to her job commitment and talent impressed one and all. This complainant as
head of che institution at a school function publicly appreciated Miss.
hoping that it would further encourage Miss. work
to continue to
towards excellence and it would also motivate other school teachers to work with
commitment and efficiency.
(3) That the accused Mr. rumor that the
thereafter started spreading the
and that is the
reason
complainant is having an affair with Miss.
byche
inexperienced is appreciated publicly
Miss. who is so junior and
complainant.
In fact the accused is very wichche
jealous and upset as he was also competing
was
selected
complainant for the post of Principal and finally chis complainant
and not the accused for the post of Principal of the school.
whenche
(4) That on date after the open house meeting with the parents,
hand-outstothe
parents were leaving the school premises the accused distributed
a corrup
parents. The accused has charged this complainant dS a womanizer andche eod of
person and has made other false allegations in the said hand-outs. At
your
che hand-out it was printed Teacherfor
"Do you want such a Principal/
 Chapter XV Drafting and Pleading under Criminal Law 403
ward?" The copy of the said hand-out is annexed herewith and the same may
of this complaint.
pleasebe read as part and parcel
submits that the accused out of jealousy and frustration has
(5) The complainant
ed chese highly defamatory statements against the complainant. The
complainantsubmits that all the allegations made by the accused in the said
hand-outs are false, ibaseless and made out of malice and without any proof.

(6) The complainant submits that all this has caused great harm to the standing and
reputation of this complainant and has further lowered his image in the eyes of
rthinking members of the society. The allegation that the complainant is
with Miss. has definitely lowered the public
having an extra-marital affair
image of this complainant. His colleagues, relatives are now trying to avoid his
company.
the
( That the accused has done all this only with the intention to defame
complainant and thereby has brought this complainant to disrepute and discredit.
the staff of
All this has grossly maligned the image of this complainant in the eyes offriends.
and
the school, the student body, the parents of these students, relatives
highly defamatory
(8) That ll the imputations alleged in thc said hand-out are false,
out of jealousy, ill
and objectionable and accuscd has intentionally done the same herewith and is
annexed
will and hatred for the complainant. One hand-out is
marked as Exhibit 'A'.
circulating the said hand-outs has commited
(9) That the accused by printing and
section 500 and section 501 of the
the offence of defamation punishable under
Indian Penal Code.
has been committed within local limits
(10) The complainant submits that the oftence Hon'ble Court has jurisdiction to try
of the jurisdiction of this cout; hence, this
and decide this complaint.
circulated on date; hence,
() The defamatory matter, ie.. the hand-outs were
of limitation.
the present complaint is well within the period
(1) The appropriate court fee stamp is paid herewith. to
complainant, therefore, prays that the Hon'ble Court may be pleasedwith
nat the accused and the accused be dealt
the
Ssue necessary process against
according to law. Complainant
Place Advocate for Complainant
Date
Penal Code)
153.7 Complaint for the offence of cheating(Section 420 of Indian
complainant parted with his
For an offence under this the
it must be proved thatknowledge of the accused and that
Propert section,
y acung on a representation which was false to the
he accused had a dishonest intention from the outset.
404 Drafing, Pleading and Conveyancing
Section 420 of Indian Penal Code lays down as under:
420. Cheating and dishonestly inducing delivery of property.Whoever
dishonestly induces the person deceived to deliver any property to any person, cheats
or to and thereby
destroy the whole or any part of avaluable security, or anything which is signed ormake, alter or
which is capable of being converted into avaluablesecurity, shall be punished with sealed, and
of cither description for aterm which may extend to seven years, and shall
In Sonbhandra Coke Products v State of UP it was held that imprisonment
also be liable to
fine.
offence of
made out only if it has been shown that the damage or harm has
deceived.
been caused to cheating can
the beso
person
Specimen No. IV
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASs
AT (PLACE)
Criminal Case No. /20

Complainant
Vs

Accused

Complaint for the offence of cheating under

section 420 of IPC
The complainant above-named most respectfully
submits as follows:
(1) That the complainant is a small trader in
The complainant is the Proprietor of garments having his shop at
and carries on the business
under the said proprietorship at
(2) That the complainant states that in the the accused herein came
month of
to the shop of this complainant and expressed his
desire to buy
complainant. The accused informed the complainant that he isgarments
having ns
ro
shop at village. The accused told the complainant that he also purchases
his stock of garments from the same wholesale trader in
Surat by name.
(3) The accused further told this complainant that as the wife of the accused was
seriously ill and his daughter is busy preparing for board exams,this festive season
he could not go to Surat to make any purchases and therefore he is buying from
the complainant.
5. Sonbhandra Coke Products vState of UP, 1994 Cr LJ 657(All).
 ChapterXV. Drafing and lleading under Ctiminal Law
lhat the complainant submis that the accused als« phoned Mr
of
(patner) wholesale traer
(4) and after greeting him aver the phone
Mt.
alled upon this complainant to talk to That Mr.
busincss aSsociate of this complainant. and thus the complainant believed the
aUseland agreed to sell him certain quantities of garments.
The.acused purchased garnments from the complainant on date. The total
(5) purchascd is Rs.
price of the garments -, That out of the said amoint
the accuscd gave Rs. 1- in cash and he requested the complainant
him two days time to make the balance payment.
(6) That the complainant submits that the complainant had no reason to disbelieve
the bona fdes of the accused and thus agrecd to give the goods of Rs.
l- on credit. The accused signed on the copy of the billbook, thereby
acknowledging reccipt of garments worth Rs, J- and also gave in writing
that he willpay in two days time.
Thx the complainant submits that the accused also gave his address, his contact
nunmber and also his business card to chis complainant. The accused also invited
the complainant to his shop at
(8) That the accused again on date came to the complainant's shop and
again made purchases worth Rs. -. This time again the accused paid Rs.
in cash and assured that he will clear both the bills, i.e., of Rs. and of
Rs. dated and by date.
(9) The complainant submits that the accused never came back to the complainant's
shop to make any payment. The complainant then tried to contact the accused
on the phone number given by him, but it turned out to be the number of some
other person and not of the accused.
(10) That the complainant, therefore, along with his sales staff Mr. went to

personally meet the accused on the address given by him. The landlady there
informed that Mr. has left the rented premises six months back and has
cheated many people like this and complained that even she has been duped of
three months' rent.
) Ihat the complainant on further engquiries learnt that the accused is working as
sales staff in shop and when the complainant met him there the aCCused
told the complainant that the garments sold by the complainant are detective and
not up to the mark and he would make only part payment. However, no
Paynent is made so far. The complainant states that the garments sold to the
accused were without any defect and were from the fresh stock. The accused only
lo avoid payment is making these false allegations.
(12) That the complainant submits that the accused has cheated chis complainant and
is liable to be tried for the offence of cheating. The garments supplied by the
otherwise and che
complainant were not defective or old stock as allegedmade.or The accused has
Complainant has all the receipts of the purchases
406
Drafting, Pleading and Conveyancing
fraudulently taken from the complainant garments worth Rs.
not paid for the same and has refused to |- and .
pay for the sarne.
(13) That the accused made false
representation that he owns
place, he made false and runs a
representation
(awholesale dealer), i.c., that he makes his garment shep a
becn purchasing, It is the same source from purchaes from
where the complainant hs
complainant submitted that the
for the purchases made by accused had no honest intention to pay the
and dishonestly and induced this him. The accused thus acted fraudulent
garments on
(14) That the
date and on complainant
date and
to part away with all
the ad
thus has cheated the
transaction took place and
Lerritorial jurisdiction of this offence has been complainant
teritorial Hon'ble Court and committed within the
(15) That the jurisdiction try and entertain the
to hence this Hon'ble ourt ha
cause of
amount of Rs. action arose on present complaint.
is well J- to the date when the accused failed to
(16) It is, within he period of complainant and pay the
hence the complaint iledtoday
therefore, most humblylimprayed
i) An
itation.
arrest warrant be that:
i) according to law
issued against the accused and the accused be dealt with
Order and direC
Cim in al the
ii) Any
other ProcedureCodeaccused
1973
to pay
in compensation under section 357 of
Plaw order in the the end of justice
Date interest jusice may be
of
kindly passed.
Complainant
BHHORE THE Advocate for Complainant
HONBLE JUDISpeciCIAmL.men No. V
I. Nane:
Age:
MAGISTRATE I'019
FIRST
 (hapier XVDfting snd Peling snder Ctininal law 411

Specimen No, VI
Complaint for Dishonout of Cheqse
IN1THECOURT OF JUDICIAL. MAGISTRATE FIRST CIASS
AT

Criminal Case No,

Complainant

Accused

Complaint under section 138 of the

Negotiable Instruments Act

respectfully as under:
The complainant above-named states most
friends and colleagues. Both of
() That the complainant and accused were good
which is a Private Limited Company.
them are working at
approached this complainant with a
(2) That the complainant states that the accused
1,00,000/- as the accused had to meet
request to give him ahand loan of Rs.
marriage and towards the admission
certain expenses on account of his daughter's
and other expenses ofhis son to Medical College.
relations and in pursuance of the
3) That the complainant in view of the friendly amount in six-months time, gave
loan
promise made by the accused to repay the date by cheque bearing no.
Rs. 1,00,000/- to the accused on
acknowledged the receipt of the hand
drawn on bank. The accused has
email dated
loan amount and his liability to repay the same by
complainant submits that after 6 months the accused started avoiding this
Ihe realised
or the other and now che complainant
complainant under one pretext the accused.
and understood the fraudulent intention of accused met
complainant submits that after a lot of persuasion and chase the
ne a cheque dated
repay the loan amount issued bank.
c complainant and in order to .
of Rs. 1,00,000/- drawn on
bearing no. date for realisation.
(6) That the complainant presented che cheque on endorsement
returned/dishonoured with the banker's
However, the same was
412 Drafing. Pleading and Conveyancing
reading "lnsutticient Funds". The copy of the cheque and the
bank are producad along with this complaint.
) That the complainant over the phone tried to contact the accused
endorsement of the
avvided the complainant. Therefore, the complainant issued a but the
date to che accused thereby informing him about
the
accused
legal notice on
cheque and also called upon the accused through the said
yment of Rs. 1,00,000/- (Rupees One Lakh
dishonour
notice to
of the
make the
within 15 davs. That the said notice was sent to theonly), i.e., the cheque
(8) That the
accused by RPAD amount
accused has failed to respond to the notice and
pavment to the complainant. The said notice was has not made
received by he 2c any
date.
(9) The acused with
dishonest and
the complainant knowing fully wellfraudulent intention issued the said chegue to
hat the same will be
(10) That the accused has thus dishonoured.
committed an offence punishable under section 138 of
Negotiable Instruments Act.
(11) That the complainant has
section l38 of the Negotiablecomplied with the statutory requirements under
Instruments Act and also given the accused the
statutory period to make the payment as required by law.
(12) That che transaction took
place and offence has been
territorial jurisdiction of this Hon'ble Court committed
and hence this Hon'ble within the
territorial jurisdicion to try and entertain the Court has
(13) Ihe cause of action present
complaint.
arose on date when the
amount of Rs. accused failed to pay the
within he period of to the complainant hence the complaint filed today is
limitaion.
(14) The accused is liable to be
138 and 142(6) of the tried and prosecured for rhe
Negotiable Instruments ofences under sectoi
(15) That the Act.
pleased to:complainant most respectfully prays that this Honble Court may e
(i) register a case
(ii) che
against the Accused
accused be dealt with as per law
(iü) order and and
direct the accused to pay of
Criminal Procedure Code, 1973 in the compensation under section 357
(iv) any other order in end of justice.
Place the interest justice
of may kindly be passed.
Date. Complainnt
Advocate for Complainant
 Chapter XV-Drafing and Pleading under Criminal Law 413

IK39Complaint under section 498A of Indian Penal Code

Thissection has been enacted to put a control on the menace of dowrv deaths. Indian
Evidence Act has also been amended accordingly by inserting section 113A to raise a
prsumptrion regarding abetment of suicide by a married woman,
ltis not that every type of harassment or cruelty would attract section 498A, To attract
the section 498A, the complainant has to conclusively establish that the beating and
harassment in question was with a view to force her to commit suicide or to fulfill the illegal
demands of dowry.
What is required to be established before the court is that, the woman soon before her
death was subjected to harassment, torture or cruelty by her husband or his family members
with the intention to get dowry from the said woman.
In the case of Deepak v State of Maharashtra, the wife had died due to strangulation. She
Was also harassed for dowry. The defence that injury was caused by a falling objcct was held
Io be unnatural and the accused was convicted.
498A. Husband or relative of husband of a woman subjecting her to cruelty.-Whocver,
to cruclty
being the husband or the relative of the husband of a woman, subjccts such woman
years and shall also be
shall be punished with imprisonment for a term which may extend to three
liable to fine.
Explanation.-For the purpose of this section, "cruelty"
mcans

any willful conduct which is of such a nature as is likely to drive the wonan to connnit
(a)
limb or healh (whether mental or
suicide or to cause grave injury or danger to life,
physical) of the woman; or
harassment is with a vicw to coercing her or ay
(b) harassment of the woman where such
property or valualble security
person related to her to meet any unlawtul demand tor any demand.
personrelated to her to mect such
or is on account of failure by her or any
Specimen No. VII
Complaint under section 498A of Indian Penal Code
IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS
Place_At._(Dist).
Criminal Complaint No. 20