138 Amit Ghai Notice

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LETTER HEAD

To, Regd./AD

Subject: Legal Notice U/S 138 of Negotiable Instruments Act,1881

Sir,

I have been engaged and instructed by my client Mr.


____________________to serve you with the following legal notice for its
due compliance:-

1. That you have taken a friendly loan of Rs.80,000/- (Rupees eighty thousand)
from my client in the month of Jan`2016 as you were in need of the same
and you told to my client that you will repay the same within short period
from the date of advance of loan and in good faith my client had advanced a
loan of Rs.80,000/- to you.

2. That in due discharge of your legal liability towards my client for the
payment of loan amount, you issued a cheque bearing no. 000016 of dated
04.03.2016 amounting to Rs.40,000/- drawn on Bank Of Baroda, Branch
Majitha Road, Amritsar from his account no. 33770100003739 in favour of
my client as part payment and at the time of issuing the same, you assured
my client that the same being good for payment will be encashed as and
when presented to your banker.

3. That as per assurance by you, my client presented the aforesaid cheque to


his banker namely Union Bank of India, Branch Lawrence Road, Amritsar for
encashment which was sent to your banker through clearing but the same
was returned by banker un cashed along with memo dated 05.04.2016 with
the remarks ‘FUNDS INSUFFICIENT’.

4. That dishonoring of the cheque in question shows dishonest and malafide


intention on your part as at the time of issuing it, you know fully well that
LETTER HEAD
same will not be honored due to insufficient funds in your account,
therefore, you have rendered yourself liable for penal action committing the
offence punishable under section 138 of Negotiable Instruments Act and u/s
420 of the Indian Penal Code having indulged in such acts for cheating
dishonestly in a fraudulent manner with an intention to cause wrongful loss
and to cheat my client.

5. Therefore, by means of this notice, you are hereby called upon to make the
payment of Rs.65,000/-(Sixty five thousand ) covered by the cheque in
question to my client within 15 days from the date of acceptance of this
notice, failing which my client shall be constrained to take legal action
against you by filing the complaint under section 138 of Negotiable
Instruments Act and under section 420 of IPC against you in court of law at
Amritsar holding you liable for all costs and consequences of litigation.

Copy kept in my office for further reference.

(ADVOCATE)

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