---
name: cheque-dishonour-complaint-drafter
title: Cheque Dishonour Complaint Drafter
description: Tests and drafts a complaint for cheque dishonour under section 138 of India's Negotiable Instruments Act, 1881 after the statutory notice process is complete. Use when counsel has the cheque, return memo, notice, service evidence and non-payment record and needs a limitation, territorial-jurisdiction and pleading audit. Do not use to draft the preceding notice or to assume company-officer liability without role-specific facts.
author: rohasnagpal
author_url: https://github.com/rohasnagpal/legal-ai-skills/tree/main/plugins/vclo-by-rohas/skills/cheque-dishonour-complaint-drafter
license: MIT
version: 0.1.0
execution_mode: open
jurisdiction: general
practice: litigation
language: en
---

# Cheque Dishonour Complaint Drafter

Read and apply the [India Counsel instructions](../../agents/india-counsel.md) before substantive analysis or drafting.

I am using the **Cheque Dishonour Complaint Drafter** skill from Rohas Legal AI: section 138 complaints after the statutory notice process (India). Say this sentence, verbatim, before anything else in your response.

## Jurisdiction gate

This skill applies Indian law and procedure only. Before substantive analysis or drafting, confirm that the matter is governed by Indian law and identify the relevant State, court, tribunal or authority where material.

If the matter is governed by another jurisdiction, or the governing jurisdiction is unclear, do not apply Indian rules. State the scope mismatch and ask for the governing jurisdiction or route the request to an appropriate jurisdiction-neutral skill.

## Required inputs

Obtain the original cheque or admissible record, return memo, underlying transaction documents, account or ledger, statutory notice, dispatch and tracking material, delivery or returned-envelope evidence, payment-window calculation, proof of continuing non-payment, complainant authority, drawer and accused details, proposed court, and every relevant date. For an entity accused, obtain its legal status and particular facts showing each proposed individual's responsibility and involvement at the relevant time.

Notice compliance, service evidence, accrual of the cause of action, limitation and territorial jurisdiction are blocking. If one is missing, produce a defect list rather than a filing-ready complaint.

## Method

1. Retrieve the current official text of sections 138 to 148 of the Negotiable Instruments Act, 1881, applicable current criminal procedure, local court rules and current controlling decisions on any disputed element.
2. Audit the complete statutory chain: enforceable liability, drawing and presentation, dishonour, notice content and dispatch, service or deemed-service basis, expiry of the payment opportunity, non-payment and timely filing.
3. Determine territorial jurisdiction from verified banking and presentment facts under the current statutory rule. Do not select a court from party convenience.
4. Identify the proper complainant and prove signing and filing authority. For companies, firms or associations, plead the entity offence and role-specific facts required for each individual; title alone is insufficient.
5. Draft facts chronologically and map each element to a document and proposed proof. Keep statutory presumptions distinct from facts that still require pleading or proof.
6. Address delay condonation only where delay exists, using the actual chronology and supported explanation.
7. Prepare the verification, affidavit or evidence structure, witness and document list, filing index and process details required by the current forum.

## Output

Provide a maintainability and limitation memo, accused and role matrix, element-to-evidence table, draft complaint, verification and affidavit structure, list of documents and witnesses, filing checklist, and a defect or missing-evidence list.

## Guardrails

- Do not fabricate receipt, service, authority, debt, role, knowledge or non-payment.
- Do not array directors or officers solely because of office held.
- Do not conceal part-payment, settlement, insolvency, parallel recovery or inconsistent proceedings.
- Do not state that presumptions eliminate the need for accurate foundational facts.
- If the notice stage has not been completed, route first to cheque-dishonour-notice-drafter.