NOTICE UNDER NEGOTIABLE
INSTRUMENTS ACT REGARDING DISHONOR CHEQUE[CD1]
To, Mr............................................
RESI....................................……………………
Sub: - Notice under Section
138 of the Negotiable Instruments Act for Cheque Dishonored due to insufficient
funds.
Dear
Sir,
Under instructions and authority from our client M/s.
……...having their office
at……..., we serve upon you the following notice of demand
under Section 138 of the
Negotiable Instruments Act.
1. That
your business concern M/s……...had purchased
from my client goods (Name and brief description of goods) vide their invoice
bearing no. ……...dated ……...for Rs. ……...
2. On delivery of goods above mentioned, you issued a cheque bearing
no. ……... dated……...for Rs. ……...drawn on……...Bank.
3. That
when the aforesaid cheque was presented by our client M/s. _ to your Bankers i.e. ……...the same was returned
unpaid by the Bank with the remarks/reasons "Insufficient Funds". This fact was brought to your
notice by our client vide letter dated……...
4. That
in reply to our client’s
letter, you sent a letter dated……...requesting him to
deposit the cheque again with banker and assured him that
they will be cleared this time.
5. My client again presented your above-mentioned
cheque with its bankers, this time again cheque
was returned un-paid by the bank due to insufficient funds.
6. That
thereafter in spite of many telephonic reminders and personal
visits by the representative of our
client to your office, you failed
to make the payment
due to our client.
7. 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 one year or with fine which may extend to twice the amount of
cheque or with both.
8. Under
the circumstances, we call upon you to make the payment of Rs.
being the principal amount of the aforesaid
cheque along with interest @ %
per annum till the time of actual
payment within a period of 15 (fifteen) days from the date of receipt of this notice, failing which we 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.
This is without prejudice to all other legal rights and remedies
available to our client for the above-stated purpose.
Kindly take notice.
Date:
…………… Your
Faithfully
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