Notice
u/s 138 of the negotiable instruments act [CD1]
ADVOCATE'S
NAME.............................................................PARTY'S
NAME ADDRESS.................................................................................ADDRESS
Dated.................
Notice (by
registered a.d.) To
Shri ……………………
Sir,
Under
instructions from and on behalf of my client, Shri ……… Mumbai ………, I have to
address you as follows:
1.
That my client and yourself
happened to be old friends, and as such the relationship between you two has
been established for a very long time.
2.
That my client has been running
his business in readymade clothe; and hosiery in Mumbai city.
3.
That the business of my client
is that of a wholesaler, and he supplies clothes and hosiery to various
businessmen in and around the city.
4.
That recently, you have also
started your business in readymade clothes and hosiery as a retailer having a
shop in the suborn of the city.
5.
That since the beginning of
your business, you used to purchase ready clothes and hosiery from the shop of
my client on credit basis and you also used to make the payment for the same
within a period as agreed by and between my client.
6.
That my client says that you
had been regular and punctual in making the payment for the materials purchased
by you from the shop of my client, and every time, you used to issue cheques
towards the payment of bills on that account.
7 That the last
time, on................., you had purchased the material for Rs.50,000/- and
issued in favour of my client a cheque for that amount. That my client, as
usual, presented the said cheque to his banker, Bank of Maharashtra, Karve Road
Branch, on.................for encashment.
8.
That, however, the Bank has
returned the said cheque to my client with an endorsement "Dishonoured for
insufficient balance". That since the said cheque has been dishonoured for
the reason of "Insufficiency of funds", you may be held liable
civilly as well as criminally particularly under section 138 of the Negotiable
Instruments Act and provisions of the Code of Civil Procedure.
9.
That my client does hereby call
upon you to make the payment of the said amount of Rs. 50,000/- within fifteen
days from the receipt of this notice, failing which my client will be
constrained to take against you an appropriate legal action including filing of
a criminal complaint, which please note.
10.
That since your illegal
behaviour has necessitated the issue of this notice, you are hereby charged
with its costs, i.e. Rs. 1,500/-, which also please further note. Yours
faithfully,
[ Harshad Badhbade] ADVOCATE.
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