Wednesday 24 January 2018

Legal Notice Under Section 138 of Negotiable Instrument Act - Dishonor of Cheque




Note: Please retype the same on your counsel's letter pad.
           It must be sent through your Counsel and not personally.
_________________________________________________________________________________

To
..............................
..............................
..............................

Sub:-        Legal Notice Under Section 138 of Negotiable Instrument Act.
Sir,
Under the instructions of ............ ............ ............... ............ ............. .............. ............... ................ .................. ................ .................., hereinafter called my client to serve upon you the following legal notice:-
1)   That my client had family relation with you and you notice has borrowed money from my client in the month of ...................... for .............. year. After the expiry of .......... year, you noticee showed your inability to pay back the loan amount and started delaying the repayment of loan on one pretext or other and finally towards the said friendly loan amount, you noticee issued a Cheque for Rs. ............................../- (.............................. only) bearing Number .............................. Dated .............................. drawn on .............................., Branch .............................., .............................. from your Bank A/c No. ............................................................ in favour of my client. At the time of issuing the Cheque you noticee assured to my client the cheque is good for value and would be encashed and same would be honored. Upon assurance of you noticee, my client presented the above said Cheque through his banker to your bank for encashment and to the surprise of my client, your banker returned the cheque to my client with the remarks .............................., vide Memo. Dated: - ...............................
2)   That you have failed to comply the provisions of the law and also failed to make payment from your account. Thus, you have issued the cheque and got the same dishonoured intentionally and willfully, as such you have committed an offence Under Section 138 of Negotiable Instruments Act and thus, you have also committed a fraud and cheated my client and as such you are liable to be punished according to the provisions of the law
        I, hereby call upon you to remit the payment of dishonoured cheque, within 15 days from the receipt of this legal notice, failing which I have definite instructions to initiate an appropriate Legal Proceedings against you as per law applicable and you noticee will be responsible for the entire consequences.
Copy retained


..............................
(ADVOCATE)

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