LEGAL NOTICE TO U/S. 138 & 142 OF THE NEGOTIABLE INSTRUMENT ACT IN CASE OF DISHONOR OF CHEQUE ISSUED AGAINST REPAYMENT OF INVESTMENT/LOAN

 LEGAL NOTICE TO U/S. 138 & 142 OF THE NEGOTIABLE INSTRUMENT ACT IN CASE OF DISHONOR OF CHEQUE ISSUED AGAINST REPAYMENT OF INVESTMENT/LOAN.

A.B.C. Advocate Supreme Court / ……………. High Court (Enrollment No……………………..)

Address: ………………………………                ……………………………… Email: …………….…………..………. Mob. No……………………………….. Landline No..………………………… PAN:…………………………………….  Aadhar  No…………………………… GSTIN No:……………….…………….

Regd. A.D/Speed Post/ Courier

Dated: …………

1.    M/s. _______________________

    Through:  Its __________________

    R/o._____________________

2.    Shri _______________

    S/o.__________________

    R/o.__________________

LEGAL NOTICE

Sirs,

    My Client, M/s. ___________. through tis _______ Shri ________, a Company incorporated under the Indian Companies Act, having its Registered Office at _____________ have placed in my hands your Cheque drawn upon ____________ Bank Ltd. for an amount of Rs._________/- dated ____ ______, _____.

2.    That my Client had entered into the arrangement and accordingly the total investment/loan from my Client had been to the tune of Rs.________/- and a Cheque was issued in favour of my Client bearing Cheque No._____ dated ________.

3.    That the Proprietor, Shri _______, had unconditionally confirmed to my Client that upon the presentation of the Cheque, the Cheque shall be cleared and accordingly my Client has presented the Cheque on ________ and the Cheque has been returned back with the remarks ‘_____’ on _____ and my Client has received back the dishonoured Cheque   from the Bankers on ________.

4.    That this itself shows the dishonest intention on your part while issuing the Cheque amounting to Rs.________/- bearing Cheque No._____ dated ________ and on account  of your dishonest intention for not making the sufficient balance in you’re a/c. and more particularly you have closed the A/c. after the issuance of the Cheque which itself shows that your goodself is liable for the penal consequences which have culminated into the perpetuated fraud on the basis of the issuance of the cheque and for which, my Client has instructed me to initiate the appropriate action in accordance with the law keeping in view your dishonest intention.

5.    That it is also a matter of record that my Client has been receiving the payments under different heads pursuant to the understanding agreed upon since ________ and accordingly, an amount of Rs.________/- has been withheld by you on the different dates.

6.    That on account of the total negligence on your part for not making the payment to my  Client shall initiate the process  as contemplated under the Law and therefore, the undersigned issue you the present Notice under Section 138 of the Negotiable Act and thereafter to make the payment of the above said  amount amounting to  Rs.________/- pursuant to your Cheque No._____ dated ________ drawn upon the _______ with a period of ___ (____) days from the date of receipt of the present Notice, failing which the undersigned shall be constrained to take legal action against your goodself and also to take such an appropriate remedy which is available under the Law. The above mentioned notices are also liable to for the penal consequences and my Client has given clear instructions to take the appropriate remedy under law including lodging the complaint with the Economic Offence Wing.

7.    That you are also called upon to make the payment of the cheque amount, as referred for which my Client shall be entitled to take the recourse under the Law as available.

8.    That you are also called upon to pay the cost of the present Notice amount to Rs.____/- (Rupees __________ only).

 (_________)          

             ADVOCATE