ADVOCATE
BASIT ANSARI
SHOP NO 2, BABA NAGAR, NAGINDASPADA, NR SITARA BAKERYA, VIRAR RD
NALASOPARA (EAST) 401209
Mobile: +91 8983469893 / 9222224342 Email: [email protected]
December, 2024 BY R.P.A.D
To,
MR. NAGESH GAJANAN PITAMBARE
R/at : House No 311,
Behind Sainik School,
Mu. Post. Nadgaon, Post, Khadavli,
Tal. Kalyan, Dist. Thane 421 301
Mo. :
Kind Attn.: MR. NAGESH GAJANAN PITAMBARE
Sir,
Sub: Notice under section 138 OF Negotiable Instrument Act, 1881
Pursuant to the instructions from and on behalf of my client Mr. Mohammed Madni Memon
(hereinafter referred as “My Client”), having office at A-01, Al – Fatah Apartment, Sai Nagar,
Opp. Nalasopara Police Station, Nallasopara (West) 401203, I do hereby serve you with the
following Legal Notice: -
1. That my client is engaged in Construction and Real Estate business carrying out
business in various talukas of Palghar District, Mumbai and adjoining areas.
2. That my client’s father Late. Mr. Ashfaque Mohd. Husain Memon was and now my
client is the owner of land bearing survey no 26, Hissa No 4, Tal. Kalyan, Dist. Thane
(hereinafter to be referred as the said land). On the said land Rooms has been
constructed by my client’ father.
3. My client states that, you being an agent / broker in the same vicinity approached my
client for sale of those rooms constructed on the said land. Upon which my client agreed
to sale rooms through you.
ADVOCATE
BASIT ANSARI
SHOP NO 2, BABA NAGAR, NAGINDASPADA, NR SITARA BAKERYA, VIRAR RD
NALASOPARA (EAST) 401209
Mobile: +91 8983469893 / 9222224342 Email: [email protected]
4. Since my client did not visit the said land on regular basis, my client trusted you and
gave the keys of 4-5 rooms so that you will look after those rooms, will show to the
customer as well and will help in faster sale.
5. My client was surprised to know that you had already transferred house tax of those
rooms in your name without the consent of my client and then sold 2 rooms to some
third party. That before or after sale of those rooms you did not care to inform my client
about the sale.
6. My client further states that, when my client confronted you in respect of the sale of
rooms you admitted that you have sold it for Rs. 6,00,000/- each i.e., Total
Rs.12,00,000/- (Rupees Twelve Lakhs) and requested for want of time to repay the
said amount.
7. My client states that, thereafter you issued the following cheques for part payment in
favour of my client and his brother
Sr. No Cheque Nos. Cheque Dated Cheque Amount Drawn upon and Status
1 000154 16/05/2024 Rs. 2,00,000/- HDFC BANK
PADHGA BRANCH
2 000156 16/05/2024 Rs. 2,00,000/- HDFC BANK
PADHGA BRANCH
8. My client states that, above both the cheques were returned to my client with the
remarks “FUNDS INSUFFICIENT” vide Return Memo dated 28/05/2024. That upon
inquiring about the dishonoured cheque you again requested for want of time.
9. That thereafter pursuant to relentless follow up (once again) on part of my client, to
recover the above outstanding amount of, you paid my client Rs. 50,000/- (Rupees Fifty
Thousand Only) on 26/06/24 and another Rs. 50,000/- (Rupees Fifty Thousand Only)
on 26/09/2024 and issued the following cheque in favour of my client, towards
discharge of your financial liabilities towards my client
ADVOCATE
BASIT ANSARI
SHOP NO 2, BABA NAGAR, NAGINDASPADA, NR SITARA BAKERYA, VIRAR RD
NALASOPARA (EAST) 401209
Mobile: +91 8983469893 / 9222224342 Email: [email protected]
Cheque Nos. Cheque Dated Cheque Amount Drawn upon and Status
000047 28/10/2024 Rs. 4,00,000/- HDFC BANK
PADHGA BRANCH
10. That the aforesaid cheque was presented for encashment by my above-named client
with his banker i.e. HDFC Bank, Nallasopara West Branch, but regretfully, the same
were returned to my client with the remarks “FUNDS INSUFFICIENT” vide Return
Memo dated 07/11/2024.
11. My client states that, thereafter again you requested my client to deposit the same
cheque in first week of December for clearance, however again when my client
presented the cheque for encashment with his banker i.e. HDFC Bank, Nallasopara
West Branch, but regretfully, the same were returned to my client with the remarks
“FUNDS INSUFFICIENT” vide Return Memo dated 07/12/2024.
12. In view of what is stated hereinabove and considering your subsisting liability, my
client has now instructed me to call upon you, which I hereby do, to make payment of
: (a) the said dishonoured cheque amounting to Rs. 4,00,000/- [Rupees Four Lakhs
Only]; and (b) a sum of Rs. 5,000/- towards the legal cost of issuing this notice, within
a period of fifteen days from the date of receipt hereof, failing which my above-named
client shall be constrained to initiate appropriate criminal and civil proceedings against
You for cheating and dishonour of the aforesaid cheque, entirely at your own risk as to
the costs and consequences, which may please be noted.
13. My client states that failure on your part to make the aforesaid payment shall render
You liable for criminal prosecution under section 138 read with section 141 of the
Negotiable instruments Act, 1881, which provide for imprisonment upto two years or
a fine which may extend to double the amount of the dishonoured cheque or both.
14. You are required to treat this as a statutory notice under Section 138 of the Negotiable
Instruments Act, 1881.
ADVOCATE
BASIT ANSARI
SHOP NO 2, BABA NAGAR, NAGINDASPADA, NR SITARA BAKERYA, VIRAR RD
NALASOPARA (EAST) 401209
Mobile: +91 8983469893 / 9222224342 Email: [email protected]
I, therefore, through this Notice finally call upon you to pay to my client
of Rs. 4,00,000/- [Rupees Four Lakhs Only]; together with notice fee of
Rs. 5000/- to my client either in cash or by demand draft or Cheque which ever mode
suits you better, within clear 5 days from the date of receipt of this notice, failing which
my client has given me clear instructions to file civil, criminal., suit for recovery and
other Misc. proceedings against you in the competent court of law and in that event,
you shall be fully responsible for the same.
A copy of this Notice has been preserved in my office for record and future course of
action.
Under Instructions of My client
________________
__________ Basit I Ansari
CLIENT ADVOCATE
