LEGAL NOTICE

-WITHOUT PREJUDICE

A/385/23980/24/N 20.12.2024

By Speed Post/ Email/ WhatsApp/ Hand Delivery/ RPAD

To,

Akhilesh Kumar
A.K Fashion
Ist floor, H-63, Sector-9, Noida,
Gautam budh Nagar,
Uttar Pradesh 201301

SUBJECT : LEGAL NOTICE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT, 1881
IN RESPECT OF DISHONOR OF CHEQUE.

Sir,

Under instructions on behalf of our client, M/s LRL INDIA MANUFACTURING PVT LTD, having an
office at C-135, Noida, Gautam Buddha Nagar, Noida, Uttar Pradesh, India, 201301 (hereinafter referred to as
our client), we are to serve upon you the following legal notice:

1. That our client is a private limited company and engaged in activities such as the manufacture of
wearing apparel under the trademarks ‘LRL’ and ‘MERRITT’ through our nationwide network of
distributors and dealers.

2. That our client has a good reputation in the market and has followed the business norms and has a good
commercial relationship with you, the addressee, since the commencement of business/transactions.
You, the addressee, are the Proprietor and Authorized Signatory of your Proprietorship Firm, M/S A.K
FASHION, located at Ist Floor, H-63, Sector-9, Noida, Gautam Buddha Nagar, Uttar Pradesh -
201301, and the said firm is being engaged in commercial transactions with our client for the supply of
clothing and apparel. Throughout these transactions, our client has supplied various wearing apparel
items as per your specific requirements and instructions as per the purchase order.

3. That our client used to maintain running accounts and ledgers in respect of transactions being made
with you, the addressee, and our client supplied the goods as per your order and as per the ledger
account maintained by our client, total outstanding amount 7,95,112.38/-. However, the terms and
conditions with regards to the mode of payment and penalty clause mentioned in the invoices are
agreeable to you, as the same are being mentioned in every copy of the invoices, even from the
initiation of the transactions with you. Moreover, you agreed to make the payment full and final for the
invoice raised by our client within 30 days, later extended by 15 days to support your financial
downfall on your request, from the date of issue and received on behalf of you, the addressee, or at
 your office.

4. That in discharge of your liability against the outstanding amount as mentioned above, you issued a
cheque No. 047840 dated 27.11.2024 for Rs. 3,50,000/- (Rupees Three Lakh Fifty Thousand only)
drawn on Axis Bank, Noida Extension GNO UP, Greater Noida, 201009, which is actually part
payment of the outstanding, with assurance that the cheque shall be en-cashed on presentation to the
banker of our client.

5. That accordingly the said cheque was presented by our client to their banker, Kotak Mahindra Bank
Ltd, plot no. 7, Sector-125, Noida, for the encashment of the said cheque as per promise tendered by
you, the addressee, but the same was returned back unpaid to our client by your bankers for the reason
‘Funds Insufficient’ vide memo dated 04.12.2024.

6. That after the cheque being dishonor, our client informed you, the addressee, that the cheque was
returned unpaid due to ‘Funds Insufficient’. In response, you requested additional time and assured
our client via email that you would make the payment between 05.12.2024 and 06.12.2024. Later, you
further requested our client to present the same cheque for encashment on 06.12.2024, stating that
sufficient funds had been arranged in your account. Acting on your assurance, our client presented the
cheque again on the specified date. However, it was returned once more, this time with the remark
"Payment Stopped." Shocked and surprised by this unexpected development, our client attempted to
contact you, but you deliberately avoided providing any plausible explanation.

7. That from the aforesaid facts, it is categorically clear that you had issued the aforesaid cheque even
though you neither had the amount payable under the said cheque in your account nor had you arranged
for the same, and being fully aware, you fraudulently and maliciously had issued the said cheque
against the liability as part payment of outstanding.

8. That based on your overall conduct and actions, it is evident that you have willfully and intentionally
committed an offence under Section 138 of the Negotiable Instruments Act, 1881 (as amended), and
the offence of cheating under the provisions of Section 318 of the BNS. You are therefore liable to be
prosecuted for the dishonor of the cheque issued by you, the addressee, against the liability as partial
payment of the aforementioned outstanding amount.

Through present notice in the aforesaid facts and circumstances, we hereby call upon you to make the payment
of the cheque amount of Rs. 3,50,000/- (Rupees Three Lakh Fifty Thousand) for the cheque bearing
no. 047840 dated 27.11.2024 drawn on Axis Bank, Noida Extension GNO UP, Greater Noida, 201009 to our
client within the period of 15 days from the date of receipt of this Legal Notice, failing’ which our client is
constrained to take legal course of action to recover the aforesaid cheque amount besides the outstanding by
filing a criminal complaint as well as civil suits against you, the addressee, at your cost, risk, and consequences.
You are the addressee also liable to pay the charges for the dishonor of the cheque as well as the charges/legal
fee of Rs. 55,000/- for issuing the present Legal Notice.

This legal notice is issued without prejudice to our client’s rights to pursue any additional remedies, civil or
criminal, as may be available under the prevailing laws. You are hereby urged to accord due seriousness to This
demand and comply promptly to avoid further legal Proceedings.

A copy of this notice has been retained in our office records for future reference and for initiating further legal
proceedings, if necessary.

Thanking You!
Your’s Sincerely,

COUNSEL(S)

Aditya Mishra, M.Rais Farooqui & Manisha Jainwal