Sample Notice Format U/S 138 of the Negotiable Instruments Act, Format For Legal Notice For Cheque Bounce-Dishonour.
Notice Format Under Section 138:-
Date: / /20
To,
Aravind Kumar Kalidas
Plot No. , _________
Society,
Near ______________ Hall,
Dist. – Pincode
NOTICE IN DEMAND UNDER SECTION OF
NEGOTIABLE INSTRUMENT ACT
Under authority,
information and the instruction from my client, Anil kamalakant Mishra,
having a resident registered at Plot No.
, __________________________ City Gujarat -________, I have to
address you as under:-
1. My
client states that my client is principally engaged in the business of the
Electronic Instrument, who owned his shop as the Name of “ Raj Electronic “
Near _____________ Hall _____________________. You and mu client are well known
to each other for past 5th years.
2. My
client states that in order to built and set up the foundation to open and run
the school as you narrated to my client, You were in immediate need of the
amount of Rs 1,15,000/- (One Lakh Fifteen Thousand Only) you insisted my
client to give/help with the aforesaid Money on friendly loan, Promising that
you may get the aforesaid Money, in the return of the aforesaid Sum of Rs
1,15,000/- (One Lakh Fifteen Thousand Only) you handed over my client One
Cheque of Central Bank of India Bearing No (123456) of the amount
of Sum of Rs 1,00,000/- (One Lakh Rupees Only) saying that Remaining
amount of the Sum of Rs 15,000/- (Fifteen Thousand Only) will be paid in
Cash in the forthcoming months.
3. My
client states that aforesaid Cheque bearing No. (123456) dated 20/10/2020
of the Central Bank of India, _______ Branch ____________ for the sum of
Rs. 1,00,000/- was presented to be honoured by My client with his Banker,
Bank of Baroda on / /20 and further my client was shock and
surprise that the said Cheque was returned dishonoured. Accordingly, on / /20 , My client received Cheque Return Memo
of your Banker with remarks, “ Payment Stopped By Drawer “. My client immediately tried to contact you, but
you were failed and neglected to remit the said amount of Rs. 1,00,000/-
(Rupees One Lakh Only) to My client, due to the aforesaid dishonoured
cheque.
4. My
client states that the said Cheque was issued by you with ulterior motives and
malafide intention as at the time of issuance of the said cheque, you had no
intention of clearing the same. Though you had been legally liable for the Sum
of Rs 1,00,000/- (One Lakh Fifteen Thousand only), That on account of
the dishonor of the aforesaid cheque issued by you with dishonest intention of
cheating to My client of their legitimate dues, you are also guilty of
committing an offence punishable under Section 420 of the Indian Penal Code, as
amended up to date.
5. In
the circumstances aforesaid, My client instructs us to call upon you, which I
hereby do, to remit to My client direct or to us, on his behalf, the said sum
of Rs. 1,00,000/- (Rupees One Lakh Only) being the amount covered under
the aforesaid dishonored cheque, and so also the Sum of Rs 15,000/- (Fifteen
Thousand Only) of the total amount due to be paid within 15 days from the
receipt of this Notice, being the Statutory period, prescribed under the Negotiable
instrument Act, 1881, failing which you shall be deemed to have committed an
offence U/s. 138 of Negotiable Instrument Act, 1881 and shall, without
prejudice to any other provisions of the Negotiable Instrument Act, 1881, be
liable to be punished with imprisonment for a term which may extend to two year
or with fine which may extend to twice the amount of the dishonored cheque or
both, which please note.
6. Please
treat this as a Statutory Notice U/s. 138 to 142 of the Negotiable Instrument
Act, 1881, as amended up to date. Without prejudice, my client shall also be
entitled to adopt civil proceedings against you for recovery of the said amount
of Rs. 1,15,000/- (Rupees One Lakh Fifteen Thousand Only), together with
interest at the rate of 18% per annum on the principal amount due, at your risk
as to costs and consequences thereof, which please note.
Your Faithfully —————————–
Advocates Client Signature
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