REGD. POST/WHATSAPP

NOTICE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, 1881

TO,                                                                       DATE: __________

Ms. ________________

D/o Sh.__________

R/o ____________________

_________________

Mob. No.____________

LEGAL NOTICE

Dear Ma’am,

Under the instructions and on behalf of my client Mrs.XXXXX W/o Sh. XXXXXXX R/o___________________, Delhi-110041 ,hereinafter referred to as (“My Client”) and under their instructions, I do hereby serve upon you with the following legal notice as per the instructions of my client:-

1.                 That my client is a Proprietor of M/s. XXXX Security and Facility Services and running her business for the security services and Sanity Pad and Groceries items etc. at the above address.

2.                 That you the above named addressee and my client are known to each other from past few years and you the addressee and my client have developed healthy friendship relations with each other.

3.                 That in the month of June, 2022 you the abovenamed addressee requested to my client for a personal loan of Rs. 3,00,000/- (Rupees Three Lakhs Only) for a period of ten (10) months and my client seeing the cordial past relations with you and got ready to advance you a friendly loan of R.3 Lakhs.

4.                 That my client given you the addressee the said loan amount of Rs.3 Lakhs on different occasions i.e. on 17.06.2022 paid a sum of Rs.1 Lakh, again on 20.06.2022 paid a sum of Rs.1lakh and on 23.06.2022 paid a sum of Rs.1 lakh by way of cash and you the addressee handed over the post dated cheque bearing no. XXXX drawn on XXXXXX Bank, Sector-XXX, Branch Noida, to my client for principal amount and mentioned the date on the cheque after expiry of the agreed loan period i.e. 05.05.2023. In the mutually agreement you the addressee assured my client that you will be returned the said amount of Rs.3,00,000/- (Rupees Three Lakhs Only) within a agreed period and believing upon your assurances, my client reposed faith in you and waited for return of said loan amount of Rs.3 Lakhs. That after expiry of the agreed period of loan amount my client requested to you the addressee to return his loan amount, but you the above named addressee in every week orally assured my client that you will be paid the said amount in next week having cordial and friendly relations with each other believing your assurances and reposed faith in you. After so many persuasions of my client, in the first week of May, 2023 you the addressee requested to my client that the cheque in question will be deposited after second week of May, 2023 and assured my client that the same would be honored by the bank at the time of its presentation.

5.                 That you the abovenamed addressee in lieu of discharging your liability issued the cheque in favour of my client which is drawn on XXX Bank, Sector-XX, Branch Noida. The details of the cheque is as follows:

S.No.           CHEQUE NO.     AMOUNT            DATED

1.                 XXXXXXX         Rs.3,00,000/-           05.05.2023

6.                 That even at the time of issuance of the cheque and while handling over the cheques to my client, you the abovenamed addressee 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 addressee clearly represented at that time and gave impression and understanding to my client that the cheque would be honored by the banker.

7.                 Accordingly, my client presented the said cheque for encashment with his baker i.e. XXXX Bank, XXXX Branch Rohini, Delhi. However, to the utter shock and surprise of my client, the said cheque was returned back to my client with remarks “Funds Insufficient” vide returning banker’s memo dated 18.05.2023 and the said information received by my client from its bank.

8.                 That after receiving back the dishonoured Cheque in question, my Client tried to contact you, the Addressee, numerous times to apprise you, the Addressee, about the factum of dishonouring of the cheque; however, you, the Addressee, did not pay any heed on the request of my Client and rather you, the Addressee, put off the matter on one pretext or the other and thus the loan amount is still unpaid.

9.                 That my Client has requested you, the Addressee, numerous times requesting you, the Addressee, to pay the Loan Amount to my Client, however, you, the Addressee, by one way or the other has snubbed the request of my Client qua the payment of the Loan Amount to Our Client. This act shows your dishonest intentions.

10.             That my Client has been trying to contact you, the Addressee, regularly, however, all such requests of my Client have gone vague. That it is pertinent to mention that my Client in lieu of the friendly relationship with you, the Addressee, had earlier chosen not to resort to any legal mechanism trusting that the due amount will be paid by you, the Addressee, however, your conduct shows that you, the Addressee, had mala fide and malice intentions from the start.

11.             That axiomatic facts emerged from the above clearly shows that you the abovenamed addressee has cheated my client very cleverly with dishonest and malafide intentions and ulterior motives and have committed the offence 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 upto extent of two years as provided under the act besides the other offences committed as per the provisions enumerated under the Penal Code Of India.

12.             That by your aforesaid conduct, it is clear that even at the time of issuance of the cheques, you were having malafide intention and you intentionally did not honor the payment of the said cheques and thus you have caused wrongful loss to my client and wrongful gain to yourself, therefore by committing an offence 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 amount i.e. Rs. 3,00,000/- (Rupees Three Lakhs Only) for dishonored cheque and Rs.11,000/- towards the cost 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 client to proceed against you in the competent court of law for the recovery of the said amount as well as for your prosecution, in that even you shall be held liable and responsible for all costs, risks and consequences, which please note. A copy of this notice has been kept in my office for further reference and action.

Copy Kept.

(XXXXXXX)

Advocate