Adv. Prashant Jadhav
Adv. Prashant Jadhav
Prashant Jadhav
SECTION 138 of the Act deals with dishonour of cheque for insufficiency etc.
FROM
TO
Sir,
2. That you came to my client on.............and I purchased the following goods as specified
infra, (specify the details of goods purchased).
3. That you promised to repay the amount of Rs.....the price of the goods purchased by you
from my client on.............and amount is Rs.........
5.My client states that he had presented the cheque on..................for encashent but the
same was dishonoured with an endorsement that there are insufficient funds
on....................
6. That my client however is reserving his right to file a criminal comlaint also by issueing
appropriate legal notice in this regard.
7. My client also states that you are liable to pay the aforesaid amount with interest thereon
up-to-date and though my client reuested you on several occasions personally and through
mediators, you are not inclined to repay the same.
8. I therefore call upon on behalf of my client to repay the amount due specified in the
notice within a period of fifteen days from the date of receipt of the notice failing which my
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Adv. Prashant Jadhav
client will be constrained to take necessary legal action for recovery of amount due from
you.
My client hopes that you may not invite such litigation which may be an unwanted
litigation in the circumstances of the case.
Advocate
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Adv. Prashant Jadhav
NOTICE
We, the undersigned Advocate of ………….. ASSOCIATES: …………… for and on behalf of our
client and under instructions of …………………………., Ahmedabad-380002 give you this last
warning and Notice as under:
(2) THAT on 03/08/2005 vide Bill No. 72 for Rs. 9,418/- (Rupees Nine Thousand
Four Hundred Eighteen only) and on 04/08/2005 vide Bill No. 75 for Rs. 15,531/-
(Rupees Fifteen Thousand Five Hundred Thirty One Only) and again on 08/08/2005
vide Bill No. 76 for Rs. 26,206/- thus in aggregate to Rs. 51,156/- (Rupees Fifty One
Thousand One Hundred Fifty Six Only) purchased materials in the name of firm M/s.
……….. on credit basis. The materials so purchased was dispatched by our client
through Kerala Roadways Pvt. Ltd. Thus, the said amount is due from you by our
client and further as per the terms and conditions of the Bills, the amount of interest
thereon as accrued. You have given different cheques for the said dues to our client,
of which one Cheque dated 12/12/2006 drawn on Indian Bank, Lichure Branch in
favour of our client bearing No. 00000 for Rs. 10,000/- (Rupees Ten Thousand Only)
and also assured at the relevant time for payment of money and promised for
realization of said Cheque and as against the said promise and assurance the said
cheque was deposited in bank by our client for realization of amount of Rs. 10,000/-
against the aforesaid dues.
(3) On 12/12/2006 the aforesaid cheque was deposited through Punjab National
Bank, Maskati Market Branch, Ahmedabad for realization, which was returned by the
bank on 02/01/2007 with remark “Exceeds Arrangement” and the said fact was
informed by Punjab National Bank on 05/01/2007. Our client has informed you of
return of aforesaid cheque by the bank, but you have not given any reply and
therefore our client is compelled to issue this Notice and warning to pay all the
aforesaid dues together with Bank Charges and interest accrued thereon to our client
forthwith.
(4) Under the circumstances, you are requested to at once make payment of Rs.
10,000/- together with bank charges against the above cheque returned by the
Bankers and obtain our receipt thereof, else our client shall be compelled to file a
Criminal Complaint under the provisions of Negotiable Instrument Act Section 138
and shall initiate criminal proceedings at your cost, risk and expenses.
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Adv. Prashant Jadhav
THIS NOTICE is given for cause of your default, an amount of Rs. 401/- should be sent to us
forthwith towards our Professional Charges and other expenses at our above address, while
obtaining our receipt thereof. Please take a serious note of it.
Place: Ahmedabad,
Date: __/01/2007