IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE AT [City],
[State]
C.R. CASE NO. ____ OF 2025
IN THE MATTER OF:
[Name of Complainant],
S/o [Father’s Name], aged about [__] years,
Occupation – [Occupation],
Residing at [Full Address], [City], [State].
… Complainant
VERSUS
[Name of Accused],
S/o [Father’s Name], aged about [__] years,
Occupation – [Occupation],
Residing at [Full Address], [City], [State].
… Accused
COMPLAINT UNDER SECTION 200 Cr.P.C. FOR OFFENCES UNDER
SECTIONS 406 & 420 OF THE INDIAN PENAL CODE
MOST RESPECTFULLY SHOWETH:
1. That the complainant is a law-abiding citizen of India residing
permanently at the address mentioned above and has no
previous criminal record.
2. That the accused is a businessman dealing in [Nature of
Business], and is known to the complainant for the last
several years. The accused had gained the complainant’s
trust by maintaining friendly relations and regular business
transactions.
3. That in the month of [Month, Year], the accused approached
the complainant and represented that he was in urgent need
of funds for expansion of his business. Relying on his
representations, the complainant advanced a sum of ₹
3,00,000/- (Three Lakh Rupees only) to the accused by way
of bank transfer on [Date], with the assurance that the
amount would be repaid within three months.
4. That the accused executed a written
acknowledgment/promissory note dated [Date], undertaking
to repay the said amount with interest at 10 % per annum
within the stipulated period. A copy of the said document is
annexed herewith and marked Annexure A.
5. That after the expiry of the period agreed, the complainant
repeatedly demanded repayment. However, the accused
avoided the matter on one pretext or another and finally
issued Cheque No. [Number] dated [Date] drawn on [Bank &
Branch] for ₹ 3,00,000/- in favour of the complainant.
6. That upon presentation of the said cheque, it was returned
unpaid with the remark “Funds Insufficient” as per the Bank
Return Memo dated [Date]. The complainant immediately
informed the accused, who again assured repayment within
ten days but failed to do so.
7. That thereafter the complainant discovered that the accused
had from the very beginning dishonestly induced him to part
with his money on false pretences, having no intention
whatsoever to repay. The accused has misappropriated the
said sum for his own use.
8. That the conduct of the accused clearly discloses offences
punishable under Sections 406 (“Criminal Breach of Trust”)
and 420 (“Cheating”) of the Indian Penal Code.
9. That the complainant issued a legal notice dated [Date]
demanding repayment within 15 days, but the same was
neither replied to nor complied with. The postal
acknowledgment card showing service is annexed as
Annexure B.
10. That the complainant submits that he has suffered
financial loss and mental distress owing to the deceitful acts
of the accused, and he apprehends that unless criminal
action is taken, the accused will continue to cheat others in a
similar manner.
11. That this Hon’ble Court has jurisdiction to entertain and
try the present complaint as the entire transaction, cause of
action, and dishonour of cheque occurred within its territorial
jurisdiction.
CAUSE OF ACTION
The cause of action arose on [Date of Loan] when the complainant
advanced the amount on the false assurance of the accused and
again on [Date of Dishonour] when the cheque was dishonoured,
and continues to subsist as the accused has failed to return the
money or honour his legal obligations.
PRAYER
In view of the above facts and circumstances, the complainant
most respectfully prays that this Hon’ble Court may kindly be
pleased to —
1. Take cognizance of the offences under Sections 406 and 420
of the Indian Penal Code against the accused;
2. Issue process/summons to the accused for appearance and
trial;
3. Punish the accused according to law;
4. Direct restitution and compensation to the complainant for
the loss suffered; and
5. Pass such further or other orders as this Hon’ble Court may
deem fit, proper, and just in the interest of justice.
LIST OF DOCUMENTS / ANNEXURES
Sl. No. Description Annexure
1 Copy of Acknowledgment/Promissory Note dated [Date] A
2 Copy of Cheque No. [Number] dated [Date] B
3 Bank Return Memo dated [Date] C
4 Legal Notice dated [Date] with Postal Receipt D
5 Postal Acknowledgment Card E
VERIFICATION
I, [Name of Complainant], the complainant above-named, do
hereby verify that the contents of paragraphs 1 to 11 are true and
correct to the best of my knowledge and belief, and nothing
material has been concealed.
Verified at [City] on this the ___ day of [Month], 2025.
Signature of Complainant
[Name of Complainant]
Through Counsel:
[Advocate’s Name]
[Enrollment No.]
[Chamber Address]
[Contact No. / Email ID]