Legal Notice to Drawer of
Cheque to file Summary Suit under order XXXVII of CPC
Complaint
under Section 138 of Negotiable
Instruments Act against return of cheque.[CD1]
This demand notice can be
used to file Recovery suit as well as Complaint under 138 of NI Act to punish
the drawer of Cheque.
Format of Legal Notice to be
send to the drawer of a cheque to file Recovery Suit under order 37 of CPC and
Complaint under section 138 of NI Act.
Registered AD/Speed
Post Date:
Mr.
_________________
Managing
Director
______________
PRIVATE LIMITED
India
_________________
PRIVATE LIMITED
India
Notice
under Section 138 of the Negotiable Instruments Act / Order 37 of CPC for
Cheque Dishonoured due to Payment stopped by drawer
Dear
Sir,
Under
instructions and authority from our client M/S.
_____________________________
having their branch office at _________________ and having their Registered
Office and Factory at _____________________ __________, we serve upon you the
following notice of demand Under Section 138 of Negotiable Instruments Act /
Order 37 of CPC.
1. That
our client provides solution for Material Handling Products with highly skilled
engineering team provides application oriented solutions that suits Indian
Environment.
2. That
in the year __________ you approached our client to purchase _____________
Products.
3. That
after negotiation you have placed order to purchase ___________product worth
Rs. ___________ (Rupees ___________________) and taken delivery of the product
as per the details mentioned below.
INVOICE
NO. DATE AMOUNT
4. That
you have made payment of Rs. __________/- towards part payment against the
above said invoices. There is a balance of Rs. _____________(Rupees
______________
only) receivable by our client against the above mentioned invoices.
5. That
you have issued the following cheques amounting to Rs. ___________/-
(Rupees
__________________ only) drawn on __________ ______________ _______________
_________towards part payment against the remaining amount.
6. That
the aforesaid cheques No. _______ dated _______ for Rs. _______, No.
_______
dated _______ for Rs. _______ , (Total Amount Rs. _______/- (Rupees
_______________________ only)) was presented by our client M/s. ______________
India Limited to your Bankers i.e. on _____________, Faridabad-121 001,
Haryana.
7. Our
clients shock and surprise the said cheques had been dishonoured by your
bankers with the reason "Payment Stopped by Drawer" which was
intimated to our client by their Bankers ________ Bank Ltd, ______________, New
Delhi-110 055 through their cheque return memo dated _____________ received on
______.
8. That
thereafter in spite of many telephonic, e-mail reminders and personal visit by
our client, you failed to make the payment due to our client.
9. That
now it is clear that you had dishonest intention at the time of availing credit
facility from our client and deceived our client to the tune of Rs. _______/-
(Rupees ______________________ only).
10. Our
client states that you knowing full well that there is no amount in your account,
you have issued the above said cheque only with an intention to cheat our
client which amounts to an offence punishable under section 138 of Negotiable
Instruments Act.
11. Under
the circumstances, we call upon you to pay of Rs. _______/- (Rupees
_______
only) along with Interest @ 24% p.a. for the delayed period, within a period of
15 (fifteen) days from the date of receipt of this notice, failing which our
client will be constrained to take legal action against you in a court of law
for an offence punishable under section 138 of Negotiable Instruments Act and
Civil Proceedings under Order 37 for which you will be liable for all costs and
consequences.
This is without prejudice to
all other legal rights and remedies available to our client for the
above-stated purpose.
You
are liable to pay a sum of Rs. ___________/- as necessary cost and expenses of
sending the present legal notice to you.
Copy
of this legal notice is also kept at our office for further ready reference it
required in future.
For
________ Associates, Advocates
_____________, Advocate
Legal Notice to
drawer of cheque for return of cheque issued to repay friendly loan with demand
for payment of money and interest with statutory period.
Format of Legal Notice to
drawer of cheque in case of friendly loan given and cheque returned without
sufficient fund. Notice demanding money and interest or to file Complaint under
Section 138 of NI Act and order xxxvii of CPC.
Registered
AD
Date:
Mr.
___________________
LEGAL NOTICE
Sir,
Under
instructions and authority from my client Mr. _______________, Son of
____________________, I serve upon you the following legal Notice.
1. That
my client is working as Manager with a Private Company.
2. That
beginning with the year ___ you approached my client and asked for a loan to
meet some urgent business needs of and assured my client to return the money on
demand with interest @ 2.00% per month.
3. That
by considering your urgency my client agreed and gave you the loan in different
installments which is repayable on demand.
4. That
for the period from _________ to __________ my client gave you a loan of Rs.
__________/-
which was transferred to your bank account as per your request.
5. That
my client had initially arranged the money to lend you by taking loan from
different NBFCs/ banks on interest to arrange money to help you to fulfill your
financial requirements. My client is still paying interest and installments to
different banks to repay the amount of loan taken to help you.
6. That
you have signed a promissory note on ____________ and promised to pay the said
amount of Rs. ____________/- along with interest @ 2.00% per month on demand.
7. That
you have also entered into an agreement with my client on __________ and
accepted that the amount payable to my client as on __________ was Rs.
_________/-. You have agreed to repay the Principle amount in ____.
8. That
you have also agreed to pay an amount of Rs._________/- per month through RTGS
towards interest and part of capital payment as per the schedule mutually
agreed by the parties to the agreement.
9. That
on _____________ my client intimated you that the agreement dated ___________
is expiring in _______. He also informed you that you have violated the terms
of the agreement and not paid interest amount of Rs. _________/-.
10.
That my client waited till
due date to get back the loan amount and interest. But you have not paid
principle amount or interest.
11.
That my client repeatedly
followed up and contacted you to refund the loan amount with interest. After
repeated reminders you have issued the following cheques drawn on
_____________, payable at __________ towards repayment of Principal amount of
Rs.
_______/-
and Rs. __________/- towards interest amount till __________.
Cheque
No. Date Amount Remarks
12.
That the aforesaid cheque
No. _________ dated ________ for Rs. _________/- was presented by my client Mr.
__________on __________ to your Bankers i.e. _____________.
13.
That to my client's shock
and surprise the said cheque had been dishonoured by your bankers with the
reason "Refer to Drawer" which was intimated to my client by his
bankers on ___________.
14.
That the other cheques
bearing No. __________ dated __________ for Rs. __________/- and Cheque bearing
No. ____________ dated ________ for Rs. ________/- was presented by my client
Mr. ____________ on _________ to your Bankers i.e. __________.
15.
That to my client's shock
and surprise the said cheques had been dishonoured by your bankers with the
reason "Exceeds Arrangement " which was intimated to my client by his
bankers on ______.
16.
That thereafter my client
contacted you and informed that the cheque has been returned un paid.
17.
That thereafter inspite of
many telephonic reminders by my client, you failed to make the payment due to
my client.
18.
That now it is clear that
you had dishonest intention at the time of borrowing money from my client,
while signing the agreement and Promissory note with my client and deceived my
client to the tune of Rs. ____________/- by issuing cheque from your bank
account.
19.
That my client states that
you have issued the above said cheque only with an intention to cheat him which
amounts to an offence punishable under section 138 of Negotiable Instruments
Act and other criminal provisions of Indian Penal Code.
20.
Under the circumstances, I
call upon you to pay Rs. ___________/-(Rupees ______________ Only) along with
Interest @ 2.0% p.m. for the delayed period, within a period of 15 (fifteen)
days from the date of receipt of this notice, failing which my client will be
constrained to take legal action against you in a court of law for an offence
punishable under section 138 of Negotiable Instruments Act and Civil
Proceedings under Order 37 against which you will be liable for all costs and
consequences.
This is without prejudice to
all other legal rights and remedies available to my client for the above-stated
purpose.
You
are liable to pay a sum of Rs. _______/- as necessary cost and expenses of
sending the present legal notice to you.
Copy
of this legal notice is also kept at my office for further ready reference it
required in future.
_______________.,
Advocate
Summary Suit under
Order XXXVII of Code of Civil Procedure download for recovery of money against
return of cheque, negotiable instrument or confirmed debt.
Format of Recovery Suit in
MS word to file Petition against Defendant for return of cheque with claim of
cheque amount and interest.
Civil Procedure Code Order
37 provides for the summary procedure. The provision has been made keeping in
view certain suits, in order to prevent the unreasonable obstruction laid down
by the defendant, who has no defence. Unlike other civil suits, the trial in
summary suits begins after the court grants leave to the defendant to contest
the suit. The court dealing with summary suits can pass the judgment in the
favour of the plaintiff if (1) the defendant has not applied for leave to
defend or if such application has been made but refused, or (2) the defendant
who is permitted to defend fails to comply with the conditions on which the
leave to defend was granted.
IN
THE COURT OF _____________________________
C.S. (OS) NO
________________ OF 20__
IN
THE MATTER OF:
M/s.
________________ ...Plaintiff
VERSUS
M/s.
________________ ...Defendants
SUIT
UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908 FOR
RECOVERY
OF Rs. _______/- (RUPEES _____________)
MOST
RESPECTFULLY SHOWETH:
1. The
Plaintiff is a Limited Company having its branch office at
__________________________________________________________________and
having its Registered Office and Factory at
_____________________________________________________________________.
The Plaintiff provides solution for _________________________technology,
technological design and with highly skilled engineering team provides
application oriented solutions that suits Indian Environment. The present Suit
is being filed through Mr. _________________________________, Manager Sales
(North), the authorised Signatory of the Plaintiff who has been duly authorised
vide Board Resolution dated 18th _____________ to file the present Suit on
behalf of the Plaintiff.
2. The
Defendant No.1 is a Private Limited Company having its office at
__________________________, India.
3. That
the Defendant No.2 is the Director of Defendant No. 1 Company and is
responsible for execution of all the functions related to the business of the
Company.
4. That
in the year __________ the Defendants approached the plaintiff to purchase
______________ Products and placed order to purchase products from the
Plaintiff.
5. That
the Plaintiff had sold ______________ product worth Rs. ______________/-
(Rupees ______________) to Defendant No. 1 and Defendant No. 1 through its
staff had taken delivery of the product as per the details mentioned
below.
INVOICE
NO. DATE AMOUNT
6. That
the Defendant No. 1 had made payment of Rs. ___________ towards part payment
against the above said invoices. There is a balance of Rs. _______________
(Rupees ________________ only) receivable by the Plaintiff against the above
mentioned invoices.
7. That
on _________________ Defendant No. 1 had issued a cheque ____________ for
_____________/- (Rupees _____________ only) drawn on _________________ to the
Plaintiff towards part payment against the remaining amount.
8. That
the aforesaid cheque for Rs. ___________________ /-
(_________________only)
was presented by the Plaintiff to the bankers of Defendant No. 1 i.e.
______________________ .
9. That
the said cheque had been dishonoured by bankers of Defendant No. 1 with the
reason "Exceeds Arrangement " which was intimated to the Plaintiff by
their Bankers ___________________ through their cheque return memo dated
_____________ received on _____________.
10. That
thereafter in spite of many telephonic, e-mail reminders and personal visit by
the staff of plaintiff, the Respondents failed to make the payment due to the
Plaintiff.
11. That
the Plaintiff issued a legal notice dated ______________ demanding amount of
Rs. _____________ against the returned cheque, which was not replied by the
Defendants.
12. That
the Suit is within the period of limitation.
13. That
the cause of action arose in favour of the Plaintiff and against the
Defendants.
The
cause of action arose on 14-Jun-__, 6-Jul-___, 6-Jul-___, 11-Sep-___, when the
Defendants
purchased ____________ product worth ___________ (Rupees ________________). The
cause of action arose when the Legal Notice dated _________ was send by
registered post on ____________ upon the Defendants.
14. That
this Hon'ble Court is competent to try the present Suit as the Branch office of
the Plaintiff through which the transactions are done is situated in its
territorial jurisdiction.
In
the facts and circumstances of case mentioned herein above this Hon'ble Court
may graciously be pleased to:
P
R A Y E R
a) pass
a decree against the Defendants jointly and severally to pay the sum of Rs.
_________________/- Along with pendent lite and future interest @24% per annum;
and
b) Award
the cost of suit in favour of the Plaintiff; and
c) Pass
such other or further orders as this Hon'ble Court may deem fit in the facts
and the circumstances of the case.
Plaintiff
Through
Advocate for the Plaintiff
Dated:
New
Delhi
VERIFICATION:
I,
______________, the authorised representative of the Plaintiff do hereby verify
that the contents of the para 1 to ______ of the Plaint are true and correct to
my knowledge and as derived from the records of the case, no part of it is
false and nothing material has been concealed there from.
Verified at New Delhi on
this ______ day of ______, 20__
DEPONENT
|
SNO |
PARTICULARS |
|
1 |
Copy of Board Resolution
authorizing the Plaintiff's authorized representative |
|
2 |
Original Dishonored Cheque
|
|
3 |
Cheque Returning memo
dated _____________ |
|
4 |
Copy of Legal Notice dated
____ |
|
5 |
Postal Receipt No.
___________ dated ________. |
|
6 |
Copy of Invoices |
|
7 |
Any Other document with
the kind permission of the Hon'ble Court |
LIST OF DOCUMENTS
Plaintiffs
Through
_______________
Advocates for the Plaintiffs
Dated:
New Delhi
IN
THE COURT OF _____________________________
C.S.
(OS) NO ________________ OF 20__
IN
THE MATTER OF:
M/s.
________________ ...Plaintiff
VERSUS
M/s. ________________
...Defendants
AFFIDAVIT
I,
___________, Son of _____________, Aged about ____ years, resident of _______
_________________ _____________, do hereby solemnly affirm and declare as
under:
1.
That I am the authorized
representative of the Plaintiff in the above Suit and I am well conversant with
the facts and circumstances of the case and application to depose the present
affidavit.
2.
That I have read and
understood the contents of the accompanying Plaint and I state that the same
are true and correct to my knowledge and the no part of it is false and nothing
has been concealed there from.
DEPONENT
VERIFICATION:
Verified at New Delhi on
this ______day of ____, 20__ that the contents of the above affidavit are true
and correct to my knowledge and as derived from the records of the case, no
part of it is false and nothing material has been concealed there from.
DEPONENT
[CD1]Legal
Notice to Drawer of Cheque to file Summary Suit under order XXXVII of CPC
Complaint under Section 138 of Negotiable
Instruments Act against return of cheque.
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