ASHUTOSH (Advocate) B.COM., L.L.B., L.L.M Delhi High Court 320, Lawyers Chamber, District Court Dwarka.Sector-10,Dwarka,New Delhi-110075. Ch.No.411, Civil Site, Tis Hazari Court, Delhi. Postal Add: E-1/433, Shiv Ram Park, Peer Baba Road, Nangloi,Delhi-110041. Mob: 9891420772, Tele Ph. No. 011-28365122,E-mail Id:
[email protected] Id:
[email protected] _______________ __________________________ ________________________ __________________________ __________________________ _____________
Ref: ________
Dated: 14/07/2014 BY SPEED POST/REGD. A.D./COURIER
To, Sh. Suresh Kumar, S/o Sh. Ram Kishore, A-82, Shiv Bakash Park, Nangloi Delhi-110041. Permanent Residence:- Village Vari, Post Karohiya, Distt.Gorkh Pur, U.P. Also at: H.No. 416, Gali NO.7, Bhooton Wali Gali, Ashok Maholla, Nangloi, Delhi-110041. LEGAL NOTICE UNDER SECTION 138 READ WITH 142 OF NEGOTIABLE INSTRUMENT ACT Under instruction from and on behalf of my client Sh. Ambika Prasad Singh S/o Late Sh. BholaNath Singh, H.No. 415, Gali No.7, Bhooton Wali Gali, Ashok Maholla, Nangloi, Delhi-110041., Delhi-110041., I hereby serve you this legal notice with the following effects:-
1. That my client is permanent resident of the above mention address and having a good relations and reputation in the locality. 2. That you, the addressee is having a good friendly relation and family relation with my above named client and known to each other for last so many years. That you addressee in the month of October 2012 being a family friend approached to my client for friendly loan amount Rupees 3,00,000/- for a period of 6 month. 3. That my client considering the relationship and in good faith and on your assurance, advanced a friendly loan of through cheque bearing no. 830925 dated 15/10/2012 amount of Rs.3,00,000 drawn at UCO Bank (Rupees Three Lac only) and the same is encashed on your account on its presentation. 4. That in the month of April 2013 my client had approached you and asked to refund the above said friendly loan amount but on same time you showing the inability to return the same and same time you noticee request to my client that
you want to some more time i.e. 4-5 months for repay the same and assured to my client that you shall you repay repa y the said friendly loan amount within 4-5 month 5. That after 4-5 months in the month of September 1 2013, my client again approached to you and asked to refund the said friendly loan amount but you again showing the inability to pay the said friendly loan amount immediately by cash st
and same time on discharge of your liability you issued a cheque bearing no.259117 dated 02.09.2013 amounting Rs.3,00,000/- (Rupees Three Lac only) drawn on State Bank of India, Nangloi, Delhi in favour of my client on account of discharge of your liability and to refund the above said loan amount to my client. You assured my client that the said cheque issued by you would be encashed positively on its presentation. 6. That on your assurances and after confirmation my client had presented the said cheque to his Central Bank of India., Nangloi, Branch for encashment, but to utter surprise of my client, the said cheque were dishonored and returned unpaid along with returned memo dated 04.09.2013 with the return memo with remarks “ Fund Insufficient” issued by my clients banker. banker. 7. That my client immediately contacted and informed you about dishonoring of the said cheque and demanded his amount and issued a notice to you but you further give assurance to pay the entire amount in few months but after 5-6 month on again and again request of my client you avoided to paying the said friendly loan amount of my client on one pretext or the other. You failed to repay the amount of my client despite his repeated request, visit and demands. 8. That in the month of may 2014 after so many request you issued a cheque bearing no.259124 dated 26.05.2014 amounting Rs.3,00,000/- (Rupees Three Lac only) drawn on State Bank of India, Nangloi, Delhi in favour of my client on account of discharge of your liability and to refund the above said loan amount to my client. 9. That on your assurances and after confirmation my client had presented the said cheque to his Central Bank of India., Nangloi, Branch for encashment, but to utter surprise of my client, the said cheque were dishonored and returned unpaid along with returned returned memo dated 04.07.2014 with the return memo with remarks “ Fund banker. Insufficient” issued by my clients banker.
10. That you with malafide intention to cheat and defraud my client, taken a friendly loan of Rs.3,00,000/- (Rupees Three Lac only) by misrepresenting and misleading him and failed to re-pay the said loan amount to my client, til tilll date. 11. That you have intentionally and malafidely only to cheat and play a fraud upon my client have issued the above said cheque in favour of my client, on account of repayment of said friendly loan amount, knowing well, that the account from which you have issued the said cheque have not sufficient funds. 12. That due to your above said malafide act and conduct as you started avoiding to meet my client, Its clearly shows that you noticee with malafide intention to cheat and defraud my client, had issued the above said cheque in favour of my client, on account of part payment of friendly loan amount, knowing well that there is no fund/amount in your account to honor the said cheque issued by you. You noticee intentionally and deliberately failed to make the payment of the said cheque as well as the balance amount of my client till date, hence you have committed the offences punishable under Section 406/420/34 of IPC and also under Section 138 read with Section 142 of the Negotiable Instruments Act. 13. That you the addressees intentionally and malafidely failed to make the payment of the above said cheque to my client despite his so many requests and reminders. Hence, you the addressees are also liable to pay the interest on the said cheque amount at the rate of 12% p.a., w.e.f. 04/09/2013 upto the realization of the payment. My client reserves his right to initiate separate proceedings to recover the balance amount against you. My client has been issuing this notice upon you only in respect of the cheque for initiating the proceedings under section 138 read with section 142 of Negotiable Instruments Act with a right to take separate legal action for the recovery of the balance amount payable by you to my client. I, therefore, on behalf of my client, call upon all of you the addressee to pay the amount of the above-said cheque amounting to Rs.3,00,000/- (Rupees Three Lac only) along with interest @ 12% p.a. w. e. f. 04/09/2013 up to the day of realization of payment, within 15 days of receipt of this legal notice, to him, failing which my client is fully constrained to file civil suit as well as criminal complaint under Section 406/420 IPC and complaint under Section 138 read with Section 142 of the negotiable Instrument Act, against you, entirely on your risks and costs, which may be noted carefully. You are further called upon to pay Rs. 5500/- as the cost of this legal notice. Copy of the present notice kept in my office for further references.
Your faithfully
