(By RPAD)
To, Date: 20.12.2022
Mr. XYZ
No. 84/2, Maharaju Building,
32nd Cross, Kengeri Road Cross,
Bangalore-560053
Also at
No 153. 4th Main
4th cross
Sadashivanagar
Bangalore-560050
Sir,
Sub: Statutory notice under Section 138 of the
Negotiable Instrument Act
Under the authority and instructions from my client Mr. P. Lokesh, S/o P. V.
Achar, No. 58, Sanjeevappa lane, Avenue Road Cross, Bangalore–2, , I issue
this notice to you as under:
1. My client states that you are one of his customer and well known to
him from past several years and has good relationship. In this connection
you have approached my client on 03.05.2020 and sought for hand loan of
Rs.40,000/- (Rupees Forty Thousand only) to meet your urgent business
needs. That my client in order to help you at the time of crisis, has paid you a
sum of Rs.40,000/- (Rupees Forty Thousand only) by cash in the presence of
one common friend of my client by name Mr. Raghavendra and witness to
the said payment and you have duly received the said amount. That you
have agreed to pay the said loan amount on or before 30 th June 2020 and my
client has agreed to the said proposal and has informed you that no interest
on the said loan amount will be claimed from you.
2. That towards discharge of the said loan amount you have issued
cheque bearing No.854330 dated 30.06.2020 drawn for a sum of Rs.40,000/-
(Rupees Forty Thousand only) drawn on the HDFC Bank Ltd., Avenue Road
Branch, Bangalore, to my client. That at the time of issue of cheque, you
have assured my client that the cheque so issued will be duly honoured and
promised that you will maintain sufficient balance in your bank account to
encash the said cheque. My client in good faith has accepted the said
cheque. Thereafter you have approached my client and requested to present
the cheque on 01/07/2020.
1
3. Accordingly my client has presented the cheque for encashment
through his banker Suvarna Co-Operative Bank, Avenue Road Branch,
Bangalore, but to the shock and surprise -of my client the cheque in question
has returned with a shara “Funds Insufficient” vide bankers memo dated
06.07.2020.
4. My client states that you have issued the above cheque towards
discharge of the amount payable by you to my client which is legally
recoverable debt. Your act of issuing the cheque and not maintaining
sufficient balance in your account to honour the cheque clearly demonstrates
that you have intentionally committed the offence punishable under Section
138 of Negotiable Instruments Act. The said act of you will result in
conviction and you will be held liable to pay double the cheque amount and
also to undergo imprisonment or both.
5. My client also suspects your bonafide as you have received the cash
and thereafter has issued the cheque and now you have dishonoured the
cheque, which act amounts to criminal breach of trust and also amounts to
cheating and my client reserves his right to file a criminal complainant for
the offences punishable under Sections 406, 420 and other Penal Provisions
and in which event, you may have to face serious consequences.
6. Therefore, my client hereby call upon you to pay a sum of Rs.40,000/-
(Rupees Fifty Thousand only), being the amount covered under the
above said cheque within FIFTEEN DAYS (15) from the date of
receipt of this notice, failing which my client will be constrained to
initiate criminal proceedings for your prosecution, in which event you
would be held liable for all the costs and consequences arising thereof.
7. You are liable to pay the notice charges of Rs.1,000/- (Rupees one
Thousand Only) to my client.
(ABC)
Payee
Sd/-
(xyz)
Advocate
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Problem 1 (Assignment No.1) :
Mr. SANDESH R and Mr.LOKESH both are businessmen in
Bangalore and also has good business relationship. In this connection
when Mr. SANDESH R approached Mr.LOKESH for financial help by
way of loan to the extent of Rs.45,000/-. Mr.LOKESH paid the same to
Mr. SANDESH R in cash and in the presence of their common friend
Mr.Narendra. That towards discharge of the said loan amount Mr.
SANDESH R on due date issued cheque and also promised that he will
maintain sufficient balance in the bank so that the cheque should be
honoured. But, when Mr.LOKESH submitted the cheque for collection the
bank dis-honoured the same with the note “Insufficient Fund”.
Now Mr.Lokesh wants to give a Legal Notice of demand for the said act
of Mr. SANDESH R. Draft a Legal Notice.
