NOTICE UNDER SECTION 138
OF THE NEGOTIABLE INSTRUMENTS ACT FOR DISHONOUR OF CHEQUE [CD1]
Registered
A. D.
Dated..........................
M/s...........................
...........................
Dear Sirs,
Under instructions and on behalf of my
client........................... I serve you this notice as in the succeeding
paragraphs: —
1.
That Shri.......................... of the Company had
approached my Client
M/s........................... for supply
of its product for sale in the State of..........................
2.
That since
Shri.......................... was also a Director
of........................... the authorised dealers of my client’s products in
the State of.......................... my client had agreed to supply its
product to your company.
3.
That my clients at the request
of Shri.......................... the Director of your Company, supplied its
various products worth Rs........................... against invoice
No........................... dated..........................
4.
That the company had given a cheque
No........................... dated .......................... for
Rs........................... drawn on the.......................... to my
client in payment of the supplies made by my client vide invoice
No........................... dated .......................... to you.
5.
That my client presented the
said cheque to the Banker of the company, .......................... for
payment. However, the Banker of the company has returned the said cheque to my
client on.......................... with the remarks "Refer to
drawer".
6.
That my client on receipt of
the cheque as unpaid from the Bankers of the company sent a notice of dishonour
No........................... dated.......................... intimating
therein about the dishonour of the cheque No........................... dated
.......................... for Rs........................... given to my client
in payment of materials despatched by my client to you. In the said notice of
dishonour my client had intimated that in case payment of dishonoured cheque is
not received within seven days of the receipt of the letter my client shall
proceed to recover the amount of the cheque by taking recourse to legal
proceedings.
7.
That despite the said notice of
dishonour, you have failed to make payment of the dishonoured cheque to my
client within the stipulated period of seven days.
8.
That you are liable to pay to
my client the sum of Rs........................... with interest
@.......................... per cent per annum till date of payment which you
have failed and neglected to pay to my client despite notice of dishonour
served on you.
I now call upon you through the medium of
this notice to pay to my client the sum of
Rs........................... with
interest @.......................... % per annum till payment is made to our
client and in case payment is not made to my client within fifteen days from
the date of receipt of this notice, I have instructions from my clients to
institute appropriate legal proceedings against your company and its directors
for the recovery of the said amount in the court of law having jurisdiction
over the matter and in such an event your company shall be liable for all costs
and expenses. The cost of this notice is Rs........................... which
you are also liable to pay.
I have kept a copy of this notice in my
office record for future reference.
...........................Advocate
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