Regd. A/D / Speed Post

To,                                                                   25.07.2016

MS. ………….

Authorized Signatory / Proprietor

M/s. *****

At ………..

Dear Sir, 

Under instructions and on behalf of my client xxxxx  having its office at …………………. New Delhi., I hereby serve you with the legal notice as under:

That my client is …………………. and provides optimum services to the companies engaged in similar trade. 

That you the addressees approached my client and showed your eagerness to work with my client and in lieu of the same for past few years have been associated with my client and have placed regular orders to my client.

That my client instructs me that you the addressees placed orders with my client and the purchases were delivered on time by my client and invoices were raised from time to time. However, you the addressee has always been making late payments to my client ,and in order to continue business relations with you, my client continued to bear with this situation of delayed payments.

Further it is apparent that you the addressees were having malafide intentions while making the purchase orders from time to time and did not have the intention to pay the amount to my client.

That all the representation made by you the addressees were false and were given in order to cheat my client.  In addition to this, it is clear that you the addressees never intended to pay the entire money due to my client and always in discharge of the amounts due, you the addressees made part-payments and that too after long persuasion & reminders from my client.

That my client instructs me that they have communicated numerous reminders telephonically, however you the addressee failed to make the payment to my client. After due repeated reminders and requests, you the addressee in pursuance of discharge of the liability of outstanding amount issued a cheque in favor of my client which was drawn on the Canara Bank, Delhi Shankar Nagar Branch, New Delhi. That the subject cheque, which was issued to in favour of my client is as follows :-

S.NO.       CHEQUE NO.   DATE              AMOUNT

1.              044***               24.0*.2*** Rs. 54,306/-

That while handing over the cheque to my client, you the addressees categorically represented to my client that the cheque shall be duly encashed by their banker whenever presented for encashment to their banker. That you the addressees clearly represented at that time and gave assurance to my client that the cheque would be honoured by the banker.

That accordingly, the cheque in question was presented for encashment by my client through his bankers, however, to the utter surprise of my client, the above mentioned cheque was not honoured, it was returned dishonored by your bankers and the said cheques were dishonored with the remarks “Funds Insufficient”, vide banker’s Memo dated 19.07.2016 and such information was conveyed to my aforesaid client by its bankers.

That after receiving back the cheque in question dishonored, my aforesaid client tried to contact you the addressees number of times to apprise you about the factum of dishonoring of the cheques; however, you did not pay any heed to the request of my aforesaid client and rather you put off the matter on one pretext or the other and thus the payment of the said cheque amount is still due towards you.

That my client instructs me that you the addressees dealt with my client and handed over the cheque in discharge of the liability and since inception you the addressee has misrepresented my client with dishonest intentions on several aspects for which my client reserves his right to initiate separate action as warranted under law.

That axiomatic facts emerged from the above clearly shows that you the addressees have very cleverly cheated my client with dishonest and malafide intention and ulterior motives and have committed the offences of cheating, breach of trust and under Section 138 of Negotiable Instrument Act, making yourself liable not only for the double of the amount of the aforesaid cheque, compensation but also imprisonment for a term of upto extent of two years as provided under the Act besides the other offences committed as per provisions enumerated under the Penal Code of India.

That you must be well aware that dishonoring of the cheque and non-payment of the same inspite of service of the notice is an offence punishable under Section 138 of the Negotiable Instruments Act.

That by your aforesaid conduct, it is clear that even at the time of issuance of the cheque, you the addressee was having the malafide intention and you intentionally did not honor the payment of the said cheque and thus you had malafide and malicious intention even at the time of issuance of the cheque and thus you have caused wrongful loss to my aforesaid client and wrongful gains to yourselves, thereby committing an offence punishable under section 420 of the Indian Penal Code.

You are, therefore, hereby by virtue of the present notice, called upon to make the payment of the aforesaid cheque amounting to Rs. 54,306/-  along with interest at the rate of 24% p.a in favour of my aforesaid client along with a sum of 5,000/- being the charges and costs of this notice, within a period of 15 days from the date of receipt of this notice, failing which I have clear instructions from my aforesaid client to proceed against you all in the competent Court of law for recovery of the aforesaid amount as well as for you prosecution, and in that event, you shall be held responsible for all costs, risks and consequences, which please note.

A copy of this notice is sent to you by Regd. Post under certificate of posting by way of abundant precautions. Please also note that a copy of this notice is also retained in my office for taking further legal steps in the event of non-compliance of the requisition contained herein above.

                ***** Sharma)

Advocate