Legal Notice for 138 N.I Act Cases
CRIMINAL COMPLAINT NO. ______ OF 20__
HEADING
ADVOCATESAND
LEGAL CONSULTANTS
Office:
Address
Contact No-XYXYXYXYX
Speed Post
To, Dated:
Name Of the Accused
Office at: Address
either
Office or
Residential.
Sir,
Under instructions from and on behalf
of our client Name of your Client,
having its office at Address of the
Office/Resident, do hereby serve upon you with the following notice:-
1.
That our client is the permanent resident of
the address stated above, having roots in society.
2.
That our client is dealing in the business of
custom clearance and Shipping from last so many years.
3.
That since last many years our client has a
business terms with you the above addressee and our client has given services
of custom clearance and freight as per your order and direction.
4.
That On 17.12.2018 aforesaid services duly
received/taken by you the above address, my client had issued invoice no.
1126/2018-19 dated 17.12.2018 and the same has been confirmed by you the above
addressee to our client. It is further submitted that as per the business
practice you the above addressee are required to make the payment above said
invoice within one months.
5.
That after one month, our client regularly
requested you the above addressee to pay the outstanding amount against
aforesaid invoice bill no.1126/2018-19 but you the above addressee on one
pretext and another took time from our client and making fool of our client.
6.
That after much deliberation and persistent
request by my client than in discharge of your liability you the above
addressee had issued cheque bearing no.775507 dated 15.04.2020 for a sum amount of Rs. 25,790/- (Rs.Twenty Five Seven
Hundred Ninety Only) drawn on Name of the Bank, address of the bank, Pin code- 401202 in favour of my client. At
the time of issuing the aforesaid cheque you assured my client that the cheque
would be encashed on presentation.
7.
That as per your instructions our client
presented the aforesaid cheque bearing no.775507 dated 15.04.2020 for an amount
of Rs. 25,790/- (Rs. Twenty Five Thousand Seven Hundred Ninety Only) drawn on Name
of the Bank, Address of the Branch, Pincode- 401202 at Name of the bank where cheque presented in his bank account namely Name of the Bank branch where cheque
presented with address , the same were returned unpaid with the remark “FUNDS
INSUFFICIENT” vide returning memo dated 10.07.2020.
8.
That when my client approached you with the
memo, you did not pay any heed to my client and repeated requests were made by
my client for the payment but you straight away refused for the payment and made
one excuse or the other.
9.
That the above facts make it abundantly clear
that you had issued the aforesaid cheque with ulterior motives and designs,
knowing fully well that the said cheque would not be honored on its
presentation.
10.
That on account of the above facts, you are
liable to be prosecuted under section 138 of the Negotiable Instrument Act,
1881 as amended upto date read with section 420 of the India Penal Code, under
which you are liable to be punished with imprisonment which may extend to two
years or with fine which may extend to twice the amount of the cheque or with
both.
Under the circumstances, I call uponyou to
make the payment of Rs. 25,790/- (RupeesTwenty Five Thousand Seven Hundred
Ninety Only) being the principal amount of the aforesaid cheque with interest
of 2% as per term and condition mention upon the invoice billand a sum of Rs.11,000/-
towards legal expenses within fifteen days of the receipt of this notice,
failing which my client shall be constrained to initiate appropriate legal
proceeding against you in the court of law and in that event you shall be
liable for all costs and consequences and I have already been given
instructions to this effect.
This is without prejudice to all other legal rights and
remedies available to my client for the above-stated purpose.
Copy of this notice is retained in my office for further
action if required.
(Name
of the Advocate/Firm)
Advocates
