BY SPEED POST

Dated: 24.02.2020.

To

Sh. Rattan Lal Bhardwaj,

Advocate, G-711, 7th Floor,
Apna Ghar Shalimar, Tijara Road,
Alwar-301001

Sub: Reply of your legal notice dated 14.02.2020 issued on behalf of

Punjab National Bank, B/o RIICO Chowk, Industrial Area,
Bhiwadi, District Alwar, Rajasthan.

Sir,

Under instructions from and on behalf of my client, Shri. Roop Lal

Aggarwal, Flat No. B-002, Raheja Atlantis, Sector 31, Gurugram, I do hereby
give you reply of your impugned legal notice dated 14.02.2020 as under: -

At the outset the impugned legal notice is legally defective and is liable
to be rejected without going into merits of the subject matter in controversy.
The contents of the impugned legal notice are vague, ambiguous, false and
thoroughly misconceived just to pressurize my client. That the facts disclosed
by your client to you are false and have not informed you the correct facts.
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It is also pertinent to mention here that by sending these false and

baseless legal notices to my client, your client through Mr Rahul Sharma has
committed contempt of court order dated 05.12.2019 for which my client will
be instituting case against him.

Reply Para-wise:

1. That para No.1 of the legal notice under reply is wrong and denied. That
my client have never availed a loan from your client and have never
stood as a guarantor for any loan provided by your client to Fairwealth
Securities Ltd. That the loan mentioned by you is under investigation by
the Economic Offence Wing, Gurugram as the alleged loan/ guarantor/
documents are forged and fabricated documents. That this fact has
already been disclosed to your client. That now I am no longer a Director
of Fairwealth Securities Ltd., which is very well known to your client.

2. That para No.2 of the legal notice under reply is wrong and denied. That
the contents of this para regarding the cheque are wrong and denied for
want of knowledge. That my client not being the Director and guarantor
or authorized person of Fairwealth Securities Ltd. is not liable to repay
any dues jointly and severally. That the loan referred by you is on the
basis of fraud and forgery committed by your client in conspiracy with
borrower of loan. That my client had already resigned from the
Fairwealth Securities Limited and has no role in the company ever. That
my client is not vicariously liable to be held guilty for the offence under
section 138, as per section 141 in case of a company every person who at
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the time of the offence, was in charge of and was responsible for the
conduct of the business of the company. A director of a company, who
was not in charge of and was not responsible for the conduct of the
business of the company at the relevant time, will not be liable for a
criminal offence under the provisions, National Small Industries
Corpn. Ltd. v. Harmeet Singh Paintal, (2010) 3 SCC 330.

3. That para No.3 of the legal notice under reply is wrong and denied. That
the contents of this para are wrong and denied as my client has never
issued any cheque to you. That there is no legally enforceable liability of
my client towards your client. It is pertinent to mention that Fairwealth
Securities Ltd is under investigation by the Security & Exchange Board
of India (SEBI) and vide SEBI order all the accounts of the Companies
and persons under investigation are freezed till further order. That your
client very well knows this fact. That also as per law “Account Blocked”
is not an offence under Section 138 of NI Act, as has also been held by
various Hon’ble High Court and Hon’ble Supreme Court of India. the
person who draws the cheque is liable for prosecution in case of
dishonour of the cheque, ICDS Ltd. v. Beena Shabeer, (2002) 6 SCC 426

4. That para No.4 of the legal notice under reply is wrong and denied. That
my client has never issued any cheque and is not liable for any dues
towards your client and thus there is no liability of my client towards
your client. So no offence u/s 138 of the Negotiable Instrument Act has
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been committed by my client. That the legal notice sent by you for your
client is only to cause harassment and threatening to my client for which
your client is liable to be prosecuted before criminal courts. It is also
pertinent to mention that vide SEBI order
WTM/AB/NRO/MIRSD/6519/2019-20 dated 24 January 2020, my client
has been found that he was not involved in the day-to-day operations of
the company and was only an non-executive Director in Fairwealth
Securities Limited.

5. That para no.5 of the legal notice is replied in the manner that your client
does not have any right to prosecute my client u/s 420 IPC for cheating
as it is my client who has been cheated by your client by creating forged
signature and on the basis of forged and fabricated documents harassing
my client and causing loss to my client just to gain wrongfully. It is
pertinent to mention that my client had already filed a complaint against
your client and others for the fraud with the EOW, Gurugram wherein
FIR has been registered and investigation is in process as is also known
to your client.. Also, it is pertinent to mention that my client has already
filed a civil suit before the court of Gurugram against your client for the
fraud and forgery committed by your client.

You are hereby directed to withdraw the legal notice sent to my client
who has not committed any offence, as my client never issued the cheque
and the cheque also does not bear any signature of my client. You are
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also directed to refrain from any act of coercive steps by sending the
baseless legal notice and other letters. Needless to say my client will be
at liberty to defend any litigation filed by your client at the risk and costs
of your client and your client shall be responsible for all costs and
consequences thereof.

Prateek Aggarwal,
Advocate, Gurugram

CC: Chief Manager, Punjab National Bank, B/o RIICO Chowk, Industrial
Area, Bhiwadi, District Alwar, Rajasthan.