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HARESH MAKWANA B.Com., LL.B. ADVOCATE HIGH COURT E-Mail : :
[email protected] [email protected]
O. S. No.: 14637 Roll No. MAH 5900/14 Mobile : 9833 675016 : 9869937995
13, PLATINUM MALL, OPP. GHATKOPAR RLY. STATION, GHATKOPAR EAST, MUMBAI 400 077
Date: 01/08/2019
To, Mrs. Tejal Laxmandas 29/03, Snehkunj Society, Isanpur Gaam, Ahemdabad- 382443 Ahemdabad382443
Sub - NOTICE U/S. 138 OF NEGOTIABLE INSTRUMENTS ACT, 1881 FOR THE DISHONORED OF CHEQUE. I
am
concerned
Katarmal,
for
Proprietor,
my
client
Adarsh
Mr.
Logistics,
Mahesh a
Vasant
Clearing
and
Forwarding Agency having their registered office address at Flat No.11, 4th floor, Devashish Building, Govind Nagar, Gate No.3, Himalaya
Society, Near Ghatkopar Homeguard, Mumbai-
400084 and under instructions from him I have to address you as under. 1. That That my client is a reputed and law binding citizen in the society
and
his
_______________________ ____________ ___________ ______________________. ____________ __________.
proprietor and
/
carrying
partner
of
business
of
You having cordial relationship
with my client including with his family my client and you well known each other. 2. That That in the month _____ of ____ you had approached and requested to my clients loan for your business purpose. My clients well knowing you since long therefore my
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client agreed to provide business loan of sum of Rs.
15,00,000/- because you had urgent needed for your visa business and hence you required this amount for business purpose which you promised to pay as soon as possible to you. 3. My client says and submits that you and my client having cordial relationship and since long you and my client knowing each other that’s the reason my client have trust on you and he provided business loan in your bad time. You had pleaded to my client orally many times for business loan and you required very badly after your pleading and obliged to my client for sum of Rs.
15,00,000/- and ensure that the said amount you pay to my client within 3 months or as soon as possible before. 4. My client says and submit that you agreed to retuned the said amount which you took as business loan from my clients and he trust on you and ready to pay at your bad time and you ensure my clients you will returned said amount as soon as possible. You assured my client you will get big amount from your some business party and they will provide you very soon and also assured your business turnover is not less than in lakhs so that said amount in returned is not big for you at time of retuned to my client. a. My client says and submit that therefore he agreed provide business loan for your visa business.
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b. My client says and submits that after passing the three months you’re not receiving my client calls and not any longer communication has been done between you and my client. 5. My client says and submit that after long terms has passed whenever you received my clients call you always assured him I will returned your said business loan. After long time had been passed behind you for returned said business loan amount. Many times my client had called you for said loan amount. My client fu further rther submits that you had agreed to make the payment of Rs.10, 00,000/-
(RUPEES TEN LAKHS ONLY) vide a postdated Cheque. a. My client says and submits that, the cheque which was given by Mrs. Tejal Laxman said to be dishonored. d ishonored. b. That That the alleged issued Cheque to my client towards the discharge of your above stated legally enforceable liability towards the Cheque. The details of the cheque
Sr. No 1
Cheque Cheque No. Drawn on Amount Date 04/06/2019 000010 HDFC Bank Rs. 10,00,000/are as under-
c. That after receiving the above stated cheque from alleged, my client deposited the same for realization of the payment with his bank namely "HDFC Bank" in clearing Branch, Mumbai. However, the said Cheque have returned from the bank vide Bank memos’ dated
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28/06/2019 stating "INSUFFICIENT FUNDS". You had categorically stated that the Cheque will be cleared. d. My Client says and submits that thereafter, inspite of many telephonic reminders to alleged failed to make the payment that the amount is Rs. 10,00,000/-
(Rupees Ten Lakhs only). e. That the above state cheque was issued by alleged towards discharge of his legally enforceable liability arisen out of the above stated cheque.
f. By dishonoring the above cheque you have committed the offence U/s. 138 of Negotiable Instruments Act, 1881. g. That the my clients account of the above facts, you are liable to be prosecuted under section 138 of the Negotiable
Instrument
Act,
1881
as
amended up
to date u under, nder, you are liable to be pu punished nished with imprisonment which may extend to two year or with fine which may extend to twice the amount of cheque or with both. h. In the aforesaid facts I hereby call upon you my client had given ample time to return said loan sum of
Rs.10, 00,000/- (Rupees Ten Lakhs only).
6. I further submit that within 15 days from receipt of this notice fulfill all legal obligation on you for the said business loan
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amount my client reserved his rights to take initiate action against you. 7. Including u/s 138 of Negotiable Instruments Act 1881, and Criminal Breach of Trust under Indian penal code, for which you can be sentenced for imprisonment and monetary pen penalty alty which may both. 8. Hope that better counsel would prevail upon you and do the needful at the earliest in order to obviate any unpleasant action against you.
____________________________ _______________ _____________ Draft approved by client
ADV. HARESH MAKWANA
