Sample Notice u.s. 138 NI Act

Ad voc a te Court

Ref No:

Regd. A.D.

Date:

To, Sh. --------------, Address Line Sub: Legal notice under Section 138 of the Negotiable Instruments Act for dishonor of Cheque. Dear Sir, Under instructions and authority from my client Sh. ---------(hereinafter called as my ‘Client’), I do hereby serve upon you the following notice of demand under Section 138 of the Negotiable Instruments Act, 1881: 1.

That my client knows you, the noticee, from the last 4-5 years and on that account you had gained the faith and confidence of my client. That you demanded a friendly loan from my client to the tune of Rs. ---- (----Rupees) in the month of ------. My client obliged you by providing the said amount.

2.

That earlier, you issued a cheque -- drawn on --------, in order liability. At the time of issuing client that the same is good for as and when presented.

3.

That when the aforesaid cheque was presented, for encashment, by my client to his banker i.e. ------------, the same was returned unpaid by the Banker with remarks/reasons "Funds Insufficient" vide its memo dated -----------. This fact was brought to your notice by my client through a telephonic call.

4.

That despite a number of telephonic reminders, you considerably have failed to make the payment due to my client and did not accede to the genuine request of my client. Furthermore, you started to put the matter off and on, on the one pretext or the other. Now, since the Elvis has left the building and my client is left with no other option but to get you served with the present legal notice.

5.

That you have considerably failed to comply with the provisions of the law and had also failed to discharge your liability from your account. Thus, you have issued a cheque which is bad for value and thereafter had got the same dishonored intentionally and willfully.

dated ------- for Rs. ---to discharge your partial the cheque, you assured my value and will be honored

Ad voc a te Court

6.

That on 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 under which you are liable to be punished with imprisonment which may extend to two years or with fine which may extend to twice the amount of cheque or with both.

7.

That under these circumstances, I call upon you to make the payment of Rs. ----- (------- Rupees) being the principal amount of the aforesaid cheque, the charges for dishonor of cheque along with notice fee of Rs. 1,000/- to my client either in cash or by demand draft or Cheque which ever mode suits you better, within a period of 15 (fifteen) days from the date of receipt of this notice, failing which I will be bound to take further necessary action under the provisions of Negotiable Instrument Act, 1881 against you in the competent court of law at your risk and cost.

8.

Kindly take notice.

Note:

Copy retained in my office for further use.

(The contents of this Legal Notice are read by me which are correct and true) (-------) Advocate