Legal Drafts

C.R. Case under Section 200 CrPC & Petition of Complaint (C.R. Case) Template

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When an individual approaches a Magistrate with an allegation of an offense, it is governed by Section 200 of the Code of Criminal Procedure (CrPC), 1898.

C.R. Case under Section 200 CrPC

The Procedure

  1. Presentation: The complainant (or their lawyer) presents a written petition to the Cognizance Magistrate.
  2. Examination on Oath: The Magistrate must immediately examine the complainant and any witnesses present under oath. This is to verify the “prima facie” (at first sight) truth of the allegation.
  3. Substance Recording: The substance of this examination must be reduced to writing and signed by the complainant and the Magistrate.
  4. Judicial Options: After the examination, the Magistrate may:
    • Issue Process: Summon the accused if a clear case is made.
    • Order Investigation: Send the complaint to the police for investigation under Section 156(3) or to a third party/judicial inquiry under Section 202.
    • Dismissal: Dismiss the complaint under Section 203 if there is no sufficient ground for proceeding.

Why file a C.R. Case?

  • Police Refusal: If the police refuse to record an FIR (G.R. Case).
  • Complexity: In cases of fraud, breach of trust, or complex family disputes where specialized judicial oversight is preferred.
  • Direct Access: To ensure the court hears the victim’s narrative exactly as they wish to present it.

 

 

Template: Petition of Complaint (C.R. Case)

Below is a standardized format used by practitioners in the Magistrate Courts of Bangladesh.

IN THE COURT OF THE LEARNED CHIEF METROPOLITAN/JUDICIAL MAGISTRATE, [DISTRICT NAME]

C.R. Case No. ______ of 2026

[Complainant Name] Son/Daughter/Wife of: [Father/Husband Name] Address: [Full Address] … Complainant

-Versus-

  1. [Accused Name] Son/Daughter of: [Name] Address: [Full Address] … Accused Persons

OFFENSE UNDER SECTION(S): [e.g., 406/420/506 of the Penal Code] PLACE OF INCIDENT: [Exact Location] DATE & TIME: [Date] at approximately [Time]

PETITION OF COMPLAINT UNDER SECTION 200 OF THE CrPC

The Complainant most respectfully states as follows:

  1. That the Complainant is a law-abiding citizen of Bangladesh and [Briefly describe profession or relationship to the accused].
  2. That on the date and time mentioned above, the accused person(s) [Describe the specific actions of the accused clearly and chronologically].
  3. That the accused person(s) committed the offense of [State the crime, e.g., Criminal Breach of Trust or Cheating] by [Briefly state the core illegal act].
  4. That the Complainant approached the [Name of Thana] Police Station to file an FIR, but the police advised the Complainant to seek redress from the Court/refused to record the case. (Note: Mentioning previous attempts at the Thana strengthens the petition).
  5. That the witnesses named in the schedule below are acquainted with the facts and are ready to testify before this Learned Court.

PRAYER It is, therefore, humbly prayed that your Honour would be graciously pleased to: a) Examine the Complainant under Section 200 of the CrPC; b) Take cognizance of the offense against the accused person(s); c) Issue a Summons/Warrant of Arrest against the accused to bring them to justice.

And for this act of kindness, the Complainant shall ever pray.

SCHEDULE OF WITNESSES:

  1. [Name & Address]

  2. [Name & Address]

VERIFICATION I, [Complainant Name], do hereby verify that the statements made above are true to the best of my knowledge and belief.

[Signature of the Complainant] [Signature of the Advocate]

Key Tips for Drafting

  • Specificity: Be exact about dates, times, and the specific words used by the accused. Ambiguity often leads to dismissal under Section 203.
  • Documentary Evidence: If you have bank statements, contracts, or screenshots, mention them as “Annexures” to the petition.
  • Witness List: Always include at least two credible witnesses who saw or heard the incident.

 

Template for Cheating (Section 420)

IN THE COURT OF THE LEARNED CHIEF METROPOLITAN/JUDICIAL MAGISTRATE, [DISTRICT NAME]

C.R. Case No. __________ of 2026

[Name of the Complainant] Son/Daughter/Wife of: [Father/Husband Name] Address: [Full House/Village, Post Office, Police Station, District] NID No: [Optional but recommended] Mobile: [Optional] … Complainant

-VERSUS-

1. [Name of the Accused No. 1] Son/Daughter of: [Name] Address: [Full Address]

2. [Name of the Accused No. 2] [Full Details] … Accused Persons

OFFENSE UNDER SECTION(S): [e.g., 406/420/506/323 of the Penal Code, 1860] DATE OF INCIDENT: [Date] at approximately [Time] PLACE OF INCIDENT: [Exact Location, e.g., In front of the Complainant’s house/Office]

PETITION OF COMPLAINT ON BEHALF OF THE COMPLAINANT UNDER SECTION 200 OF THE CODE OF CRIMINAL PROCEDURE (CrPC), 1898.

The Complainant most respectfully states as follows:

  1. That the Complainant is a law-abiding citizen of Bangladesh and is currently [State profession or relationship to the accused].
  2. That the accused persons are [State their relationship to the complainant, e.g., business partners, neighbors, or strangers].
  3. THE INCIDENT: That on [Date] at [Time], the Accused Persons came to the place of incident and [Describe the event in detail—e.g., used abusive language, physically assaulted the complainant, or dishonestly induced the complainant to hand over money].
  4. THE OFFENSE: That the Accused No. 1 [Detail specific illegal act] and Accused No. 2 [Detail specific illegal act]. By doing so, they have committed a cognizable offense under Sections [List Sections] of the Penal Code.
  5. POLICE INACTION: That the Complainant previously approached the [Name of Thana] Police Station on [Date] to lodge an FIR. However, the police refused to record the case and advised the Complainant to seek redress from this Learned Court.
  6. That the witnesses named in the schedule below were present at the scene and are fully aware of the facts of the case.
  7. That the Complainant has a prima facie case and is filing this petition in the interest of justice.

 

PRAYER

It is, therefore, most humbly prayed that Your Honour would be graciously pleased to:

a) Record the statement of the Complainant under Section 200 of the CrPC;

b) Take cognizance of the offense(s) mentioned above against the Accused Persons;

c) Issue a Summons or Warrant of Arrest against the Accused Persons to ensure their appearance before this Court to face trial.

And for this act of kindness, the Complainant shall ever pray.

SCHEDULE OF WITNESSES:

  1. [Name, Father’s Name, Address]
  2. [Name, Father’s Name, Address]

LIST OF DOCUMENTS (IF ANY):

  1. [e.g., Bank Statement, Medical Report, Agreement Copy]

 

VERIFICATION

I, [Name of Complainant], do hereby solemnly affirm and state that the contents of paragraphs 1 to 7 are true to the best of my knowledge and belief, in witness whereof I sign this verification on this the [Day] of [Month], 2026.

[Signature of the Complainant]

[Signature of the Advocate] Member, [District] Bar Association

Pro-Tips for Filing:

  • Court Fee: Ensure the appropriate court fee stamps are affixed to the petition before filing.
  • NID Copy: It is now standard practice to attach a photocopy of the Complainant’s NID.
  • The “Narrative”: In paragraph 3, avoid being vague. Instead of “they cheated me,” write “Accused No. 1 took 50,000 BDT promising a job but failed to provide it and refused to return the money.”

 

Template for Dishonor of Cheque Case under Section 138 of the Negotiable Instruments (NI) Act, 1881

In Bangladesh, a Dishonor of Cheque case is filed under Section 138 of the Negotiable Instruments (NI) Act, 1881. Unlike a standard C.R. case, the NI Act has strict procedural requirements (legal notices, specific timelines) that must be met before the court will accept the petition.

Procedural Checklist Before Filing:
  1. Presentation: Cheque must be presented to the bank within 6 months of its date.
  2. Return Memo: You must have the “Cheque Return Memo” from the bank stating “Insufficient Funds” or similar.
  3. Legal Notice: A written notice must be served to the drawer within 30 days of receiving the memo, giving them 30 days to pay.

  4. Filing: If they don’t pay, you must file the case in court within 30 days after the notice period expires.

 

 

IN THE COURT OF THE LEARNED CHIEF METROPOLITAN/JUDICIAL MAGISTRATE, [DISTRICT NAME]

C.R. Case No. __________ of 2026

[Name of the Complainant] Son/Daughter/Wife of: [Name] Address: [Full Address] … Complainant

-VERSUS-

[Name of the Accused/Drawer] Son/Daughter of: [Name] Address: [Full Address] … Accused Person

OFFENSE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881.

PETITION OF COMPLAINT ON BEHALF OF THE COMPLAINANT

The Complainant most respectfully states as follows:

  1. That the Complainant and the Accused have a [Business/Personal] relationship. To discharge a legal debt/liability, the Accused issued a cheque in favor of the Complainant.
  2. THE CHEQUE DETAILS: That the Accused issued Cheque No: [Cheque Number], dated [Date], drawn on [Bank Name, Branch Name] for an amount of BDT [Amount in figures]/- (Taka [Amount in words]).
  3. DISHONOR: That the Complainant presented the said cheque for encashment at [Complainant’s Bank Name] on [Date of Presentation], but the cheque was returned unpaid by the bank with a Return Memo dated [Date of Memo] stating the reason: “Insufficient Funds” (or other reason).
  4. LEGAL NOTICE: That as per Section 138(1)(b) of the NI Act, the Complainant served a Legal Notice dated [Date of Notice] through their Advocate, sent via Registered Post with A/D (Acknowledgment Due) on [Date of Posting], demanding payment within 30 days.
  5. NON-PAYMENT: That the Accused received the notice on [Date of Receipt] but has failed to make the payment within the statutory period of 30 days, which expired on [Expiry Date]. Hence, the cause of action for this case arose.

  6. That the Complainant is filing this petition within the one-month limitation period prescribed under Section 142 of the NI Act.

PRAYER

It is, therefore, most humbly prayed that Your Honour would be graciously pleased to:

a) Take cognizance of the offense under Section 138 of the NI Act, 1881;

b) Issue a Summons/Warrant of Arrest against the Accused;

c) After trial, punish the Accused with imprisonment and a fine (up to thrice the cheque amount) as per law.

And for this act of kindness, the Complainant shall ever pray.

SCHEDULE OF DOCUMENTS (MANDATORY):

  1. Original Cheque (No: [Number]).
  2. Bank Return Memo (Dated: [Date]).
  3. Office Copy of the Legal Notice.
  4. Postal Receipt and A/D Card.

VERIFICATION I, [Name], do hereby verify that the statements above are true to the best of my knowledge.

[Signature of the Complainant] [Signature of the Advocate]

A Crucial Note on “Double Trouble”

In Bangladesh, practitioners often file a Section 420 (Cheating) case alongside an NI Act case if there was “dishonest intention” from the start. However, the NI Act is usually faster and more effective for recovering money.

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