138 SM Enterprises 4

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To, 26/10/2024

M/s S.M Enterprises,


Represented by its Proprietrix,
Ms. Deepika,
No.125, 3rd Cross, Chikkabasavanapura,
Basavanapura, Bhattarahalli, Near Ashwath Katte,
Bengaluru, Karnataka – 560049.
Mob: 8088444496.

NOTICE UNDER SECTION 138 NEGOTIABLE INSTRUMENTS ACT 1881


Under the instruction of our client M/s Shriram Finance Ltd, which is
a Public Ltd Company, having its original Office at No. 29/A, 2nd floor, K.
H Road, Bangalore- 560027, to issue this notice to you as follows.
1. Our client company is a company incorporated under The
Companies act 1956 having its regional office at No. 29/A, 2 nd
floor K.H Road, Bangalore- 560027.
2. Our client company states that you approached our client
company and availed Vehicle Loan on 13/07/2022 for the sum of
Rs. 2,70,000/- and you also executed a Loan Agreement on
13/07/2022 vide Agreement No- ‘YELAH207120002’ with one
Sri.Manjunath.K, S/o Krishnappa as a guarantor for the purposes
of purchase of Cargo Three Wheeler, 2022 Model –PIAGGIO-
APE XTRA LDX+ HT BS6 CNG, vide bearing Registration No.KA-
53-AA-6961. After availing the loan you have failed to repay the
installments as and when it became due and thus you have
become a defaulter.

3. Our client company states that, despite several request and


remainders of our client to you, to discharge the amount due by
you to our client company under the said agreement towards the
part payment (Balance EMI), you issued a Cheque bearing no-
“036130” dated 28/09/2024 for the sum of Rs,1,22,636/- (Rupees
One Lakh Twenty Two Thousand Six Hundred and Thirty Six
only) drawn on Axis Bank, Ayyappanagara, Branch, Bangalore,
Karnataka 560036.
4. Our client company states that you had specifically assured our
client company that the above said cheque would be honored by
your banker upon presentation of the same. As per your
instruction and assurance our client company presented the
above mentioned cheque for realization through its banker- AXIS
Bank Ltd, M.G Road Branch, Bangalore 560001 on 30/09/2024.
To the utter shock and dismay of our client company, the above
mentioned cheque has been dishonored and the same has been
returned unpaid with endorsement “FUND INSUFFICIENT” vide
Banker’s Endorsement dated: 01/10/2024.

5. Our client company has further instructed us to state to you that,


despite of sufficient opportunity, you failed and neglected to
discharge the liability by making the payment covered under the
above mentioned instrument which you had issued from the
above said instrument for discharging your liability which was due
to our client company and the same is legally enforceable debt.
You in spite of issuing the said cheque you have not arranged
with sufficient funds in your bank account and bouncing the
above said cheque is deliberate act on your part which is an
offence under the provisions of BNS and also you have
committed an offence under section 138 of N.I Act 1881.
6. Our client company therefore instructs us to call up on you to pay
the entire cheque amount of Rs,1,22,636/- (Rupees One Lakh
Twenty Two Thousand Six Hundred and Thirty Six only) within 15
days from the date of receipt of this notice, failing which our client
will be constrained to take necessary action as advised against
you before the competent Court of Law for both Civil and Criminal
Liabilities and in that event you will be held liable for all the costs
and incidents to such proceedings which you to please avoid.
This notice is issued under the provisions of section138 of N.I
Act.
This cost of this legal notice is Rs. 5000/- payable by you to our
client company.
SULAKSHANA DARPAN
ADVOCATE

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