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- Format for 138 Negotiable Instrument Complaint Petition - Format for 138 Negotiable Instrument Complaint Petition under Section 138 of the Negotiable Instruments Act, 1881, in India, deals with the dishonor of a cheque due to insufficiency of funds or if it exceeds the amount arranged to be paid by the drawer's account. If a cheque issued by someone is dishonored, the payee of the cheque can file a complaint under Section 138 against the drawer (person who issued the cheque) to seek remedy.