LEGAL NOTICE - 138 - Trilochan

Pawan Sharma Sep.
2017
Advocate
DELHI HIGH COURT
G-515 KARKARDOMA COURT
DELHI-110031
M-9313700115
Ashok Kumar
S/o Shri Late Jagdish Lal
R/o X-66 Ragupura No 1
Ghandhi Nagar
New Delhi -110031
Sub:- Legal Notice under Section 138 of the Negotiable Instrument Act, 1881 read with
Section 406 & 420 IPC for the dishonour of Cheque No.0574 and 0574 for an
amount of Rs.26,000/- and 26,000/- respectively dated 10.08.2017 and 10.08.2017
drawn on HDFC bank returned for the reasons of ‘Account closed’ on 01.09.2017.
Our Client: Neeru Mongia.(Advocate)
Mr Ashok Kmar,
We are concerned for our Client Neeru Mongia (Advocate), represented through Mr.
Pawan Sharma, Authorized Representative has placed in our hands, the above captioned
dishonored Cheque along with Cheque Return Memos and other relevant documents
exchanged with you, and we for and on behalf of our Client and under his instructions do
hereby serve upon you with the following legal notice:
1. That my client presented your above stated Cheque to his Banker ‘HDFC Bank’ for
its clearing in his A/c, which cheque was returned dishonoured with the remarks
“ACCOUNT CLOSED”.
2. That it is embarrassing to submit herein that you have been consistently delaying
making payment of your due and payable dues despite various reminders by our Client
sent to you. Finally, you handed over a cheque with an assurance that the said cheque
will be honored on presentation. But when the said cheque was presented, it got
bounced on 01.09.2017 itself. Whereafter, our Client had to do much follow up with
you, and you have put him to grave mental agony and harassment and not to mention
the humiliation that he is going through to recover his lawful dues from you.
3. That your above conduct proves beyond doubt that you had from the very beginning,
no intention to make the due payments to our Client and extract work from him
without clearing his dues, which is further corroborated from the fact that your cheque
given by you has bounced towards the discharge of your liability and has been returned
by the Banker for the reason of ‘Closed Account’ despite your assurances, given by
you at the time of handing over the cheque.
4. That our Client was shocked and surprised to know the factum of dishonor of the
above cheque and it immediately tried to contact you in this regard but you have been
avoiding to answer his calls, which speaks volumes in regard to your dishonest and
fraudulent intention towards discharge of your lawful liability to our Client. Therefore,
now he is left with no option but to seek legal redress against you.
5. That from the above factual matrix it has now become crystal clear that you had
intentionally and dishonestly cheated our Client and induced him to provide you the
said services as per your requirement, knowing fully well from the very beginning that
you had no intention to discharge your liability. Not only this, you had made false
assurances to our Client in this regard, which have fallen flat on their face because the
cheque mentioned above has been returned by the Banker of our Client for the reasons
of “CLOSED ACCOUNT”.
6. Please note that you have, by your above mentioned conduct (read as misconduct)
committed the offence of ‘Criminal Breach of Trust’ and ‘Cheating’ on our Client,
which are punishable under Section 406 & 420 of IPC, respectively and these offences
are cognizable and non-bailable.
7. That, even otherwise, in addition to the above, you have also made yourself liable for
prosecution under Section 138 of the Negotiable Instruments Act, 1881, under which
also you are liable to be sentenced for a term which may extend to two years, or with
fine which may extend to twice the amount of the cheque, or with both, in the event
you do not pay our Client the monies due to him, in full, within 15 days of the receipt
of this notice.
We, therefore, without prejudice to the above, call upon you by the service of this notice to
discharge your liabilities against the above mentioned Cheque as payable to our Client in
discharge of your liability, therefore, the amount of Rs.49,000/- and Rs. 49,000/- respectively
against the above mentioned cheque may be paid within 15 days of the receipt this notice,
failing which our Client will be constrained to lodge appropriate criminal proceedings against
you for your prosecution for Dishonor of Cheque under Section 138 of the Negotiable
Instruments Act, 1881 as also for Criminal Breach of Trust and Cheating under section 406 &
420 of IPC, respectively, wherein you would be liable to be put behind bars for upto 7 years
and also liable for fine.
Also please note that you would also be liable to be sued for recovery of the total monies due
to our Client along with the interest @ 24% p.a. compounded monthly and our Client has
already issued specific instructions to us for initiating the appropriate proceedings against you
for recovery of the same. Which please note!
Yours faithfully,
Pawan Sharma
(Advocate)

LEGAL NOTICE - 138 - Trilochan

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

LEGAL NOTICE - 138 - Trilochan

Uploaded by

Copyright:

Available Formats

Pawan Sharma Sep.

Our Client: Neeru Mongia.(Advocate)

You might also like