Cheque Dishonour | Evidence by Affidavit

Evidence Affidavit Format for Section 138 NI Act Cheque Bounce Complaint

Updated specimen of the complainant's evidence affidavit under Section 145 of the Negotiable Instruments Act, 1881, with properly structured facts, exhibits, statutory notice particulars, limitation, verification and current procedural guidance.

Section 145 NI Act expressly permits affidavit evidence. The complainant's evidence may be given on affidavit and, subject to just exceptions, may be read in evidence in an inquiry, trial or other proceeding under the Act. The court may, and on an application of the prosecution or accused shall, summon and examine a person whose evidence has been given on affidavit as to the facts contained in it.
Section 138Creates the cheque-dishonour offence when its statutory ingredients are satisfied.
Section 145Allows complainant evidence to be tendered by affidavit.
Section 146Makes the bank slip/memo with the official mark prima facie evidence of dishonour.

Current legal position

Section 145 is a special evidentiary provision within Chapter XVII of the Negotiable Instruments Act. It was introduced to simplify and accelerate cheque-dishonour proceedings. A complainant can therefore tender examination-in-chief by affidavit instead of mechanically repeating the same evidence orally, while preserving the accused's statutory right to seek examination/cross-examination in accordance with Section 145(2).

The Bharatiya Nagarik Suraksha Sanhita, 2023 has replaced the Code of Criminal Procedure, 1973 as the general criminal-procedure law from 1 July 2024, subject to its saving provisions and the special procedure contained in the Negotiable Instruments Act. Filing practice may vary between courts, particularly regarding whether a separate pre-summoning affidavit, an affidavit accompanying the complaint, or a later evidence affidavit is required.

Use the court's current filing practice. Section 145 permits affidavit evidence, but the precise stage, format, attestation, exhibit-marking method and e-filing requirements can differ between jurisdictions. Do not use an old fixed date, old exhibit numbering or a court designation that does not match the competent court.

Updated Evidence Affidavit Format

Replace all placeholders with facts supported by the complaint and documents. Exhibit numbers are illustrative; use the markings assigned or accepted by the particular court.

IN THE COURT OF THE METROPOLITAN MAGISTRATE / JUDICIAL MAGISTRATE FIRST CLASS AT ____________

COMPLAINT CASE NO. ______ OF 20__

IN THE MATTER OF:

Complainant
Mr./Ms./M/s. ________________
Address: ________________________
VERSUS
Accused
Mr./Ms./M/s. ________________
Address: ________________________

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF THE COMPLAINANT UNDER SECTION 145 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

I, ____________________________, aged about ____ years, son/daughter/wife of ____________________________, residing at / having office at ________________________________________________________, do hereby solemnly affirm and state as follows:

  1. I am the Complainant in the above matter / duly authorised representative of the Complainant and am fully conversant with the facts and records of the case. I am competent and authorised to depose to this affidavit.
  2. The Accused incurred a legally enforceable debt or liability towards the Complainant in the sum of ₹____________ arising out of loan / goods supplied / services rendered / invoice / settlement / other transaction dated ____________. The relevant supporting document(s), where applicable, are relied upon as Ex. CW-1/1 / Mark A / as allotted by the Court.
  3. Towards discharge, wholly or partly, of the aforesaid debt or liability, the Accused issued Cheque No. ____________ dated ____________ for ₹____________, drawn on ________________ Bank, ______________ Branch, in favour of the Complainant. The cheque / admissible cheque record is relied upon as Ex. CW-1/2.
  4. The said cheque was presented within its validity period through the Complainant's bank, namely ________________ Bank, ______________ Branch, but was returned unpaid vide bank return memo dated ____________ for the reason "____________________________". The bank return memo is relied upon as Ex. CW-1/3.
  5. The Complainant received information of dishonour on ____________. Within the statutory period, the Complainant issued a written demand notice dated ____________ calling upon the Accused to pay the cheque amount. A copy of the statutory demand notice is relied upon as Ex. CW-1/4.
  6. The statutory notice was dispatched to the Accused at the correct/known address by Speed Post / Registered Post / courier / other permissible mode vide receipt/tracking No. ____________ dated ____________. The dispatch receipt and tracking/service record are relied upon as Ex. CW-1/5 and Ex. CW-1/6, as applicable.
  7. The notice was received / deemed served on ____________. Despite expiry of 15 days from receipt of the notice, the Accused failed to pay the cheque amount of ₹____________. The statutory cause of action consequently arose on ____________.
  8. The complaint has been filed within the period prescribed by Section 142 of the Negotiable Instruments Act. If any delay has occurred, the Complainant relies upon the separately filed application seeking condonation of delay and the grounds stated therein.
  9. This Hon'ble Court has territorial jurisdiction under Section 142(2) of the Negotiable Instruments Act because the cheque was delivered for collection through the Complainant's account maintained at __________________ Bank, __________________ Branch / state the other applicable statutory basis.
  10. The cheque was issued towards a legally enforceable debt or liability. The statutory presumption under Section 139 of the Negotiable Instruments Act is attracted, subject to rebuttal in accordance with law.
  11. The bank return memo relied upon by the Complainant bears the relevant bank endorsement/official mark and is relied upon in terms of Section 146 of the Negotiable Instruments Act.
  12. Where applicable: I am deposing on behalf of a company/firm/entity pursuant to the authorization/board resolution/power of attorney dated ____________, relied upon as Ex. CW-1/7.
  13. Where applicable: The Accused is a company/firm, and the complaint contains specific averments regarding the persons sought to be proceeded against under Section 141 of the Negotiable Instruments Act.
  14. The documents referred to above are true copies/original records, as the case may be, and are produced subject to the applicable rules of proof, exhibit marking and electronic-record requirements.
  15. I rely upon the accompanying complaint and the documents filed therewith. I respectfully pray that this Hon'ble Court proceed against the Accused in accordance with Sections 138, 142 and other applicable provisions of the Negotiable Instruments Act, 1881.
DEPONENT

Verification

I, ____________________________, the above-named Deponent, do hereby verify that the contents of paragraphs ____ to ____ of this affidavit are true and correct to my personal knowledge and/or based upon records maintained in the ordinary course, as specifically stated; no part is false and nothing material has been concealed therefrom.

Verified at ____________ on this ____ day of ____________, 20__.

DEPONENT

Suggested exhibit checklist

Document Illustrative marking
Underlying loan/invoice/agreement/account record Ex. CW-1/1
Cheque / admissible cheque record Ex. CW-1/2
Bank return memo Ex. CW-1/3
Section 138 statutory demand notice Ex. CW-1/4
Postal/courier dispatch receipt Ex. CW-1/5
Tracking/service proof Ex. CW-1/6
Authority/board resolution, if applicable Ex. CW-1/7

Exhibit numbers are not universal. Courts may initially mark documents for identification and formally exhibit them later. Follow the filing and evidence practice of the competent court.

Electronic records and e-filing

If the complainant relies on electronic records such as e-mail, electronic invoices, bank-generated digital records, online tracking reports, messages or other computer outputs, comply with the Bharatiya Sakshya Adhiniyam, 2023 and the applicable court rules governing proof and certification of electronic records.

The eCourts e-Filing platform permits advocates and litigants to upload pleadings and documents in courts that have adopted the system, including facilities for electronic signing, payment of court fees and online oath recording. Local High Court and District Court rules should still be checked before filing.

Official resources

What was corrected from the older specimen?

The old draft was tied to a narrow "credit facility" fact pattern, used fixed 2013 verification wording, treated particular exhibit numbers as universal, and stated that the affidavit was "not necessary in some courts" without explaining the statutory basis. The updated version is transaction-neutral, keeps Section 145 as the governing authority for affidavit evidence, makes exhibit markings illustrative, separates proof of the underlying liability from statutory cheque-dishonour documents, and accounts for the current BNSS/BSA framework.