Letter head of counsel through which legal legal Notice will be sent.
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, HUDA Shopping Center, Faridabad 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
