Legal notice format U/s 138 of N.I Act

Letter head of counsel through which legal legal Notice will be sent.
              Mr. XyZ 

Sub : Legal Notice Under section 138 of NI Act. 

 Dear Sir, 
                                       Under the instructions from and on behalf of my client ------------------------ through its Proprietor, I do hereby serve upon you with the following Notice: - 

     1- That you noticee and my client are having friendly relations                 with each other. 

2-  That you on dated 06-05-2011 came to the house of my said client and requested my client to lend some money to you as you were in need of money for your business work. Keeping in view the friendly relations my client could not ignore your requests and consequently gave you a friendly loan of Rs. 2,95,000/- (Rupees Two Lac & Ninety Five thousand only) to you in cash on 06-05-2011.

3-   That at the time of taking this loan amount you assured to repay the same on or before 10-08-2011.

4-   That after admitting your liability to make the part payment out of the outstanding amount/loan amount of Rs. 2,95,000/- you issued an account payee Cheque No. 077593 dated 10-08-2011 for Rs. 2,50,000/- drawn on Canara Bank, Branch ________ from your account No. --------------- in favour of my said client.

5-   That there after my client reminded you to make the payment and you requested my client to present above said Cheque in the bank for encashment and assured him that the same could be encashed.

6- That my client presented the said Cheque for encashment through its Banker i.e. Axis Bank Limited, SCO-8, Sector-16, __________ but to the utter surprise of my client the above-said Cheque was dishonored by your banker i.e. Canara Bank,  Branch _______due to the reason FUNDS INSUFFICIENT vide Cheque Return Memo dated 11-08-2011.

7-   That at the time of issuing the above mentioned Cheque you were well aware that the said Cheque would be dishonored because you have no sufficient funds at your credit in your bank account. By the aforesaid act and conduct you have cheated my said client and you have committed an offence Under Section 138 of the Negotiable Instruments Act and Under Section 420 of Indian Penal Code as you issued the false and bogus Cheque intentionally to cheat my client and you are liable to be punished and prosecuted as per the provisions of the Act.

8-   That from the act and conduct of you it is amply clear and evident that at the time of borrowing friendly loan of Rs. 2,95,000/- from my client by you and even at the time of issuing the said false and bogus Cheque you had clear cut intentions to defraud my client and usurp his hard earned money.

                  I, therefore, call upon you through this Notice, to make the payment of the dishonored Cheque i.e. Rs. 2,50,000/- (Rupees Two Lacs & Fifty thousand only) to my client, under intimation to me, within the period of 15 days, failing which my client has given clear instructions to me to file criminal Complaint Under Section 138 of the Negotiable Instruments Act and under Section 420 of Indian Penal Code in the competent court of law and in that event you will be fully responsible for all costs, risks, responsibilities, expenses and consequences thereof. Please note well. A copy of this Notice is kept intact in my office for record and further necessary action. 


                                                                          Advocate, Name 

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