Demand Notice under Section 138 of the Negotiable Instrument Act 1881

 

Ref.: AKS / Legal / 3108-9976 / 22           Dated : 25^th October’ 2022.

 

To,

1)   Kirit Popatlal Zaveri, Son of Popatlal Zaveri, residing at Flat no. 3B, Block II, Lavkush Apartment, 2/1, Naresh Mitra Sarani, Kolkata – 700026, Police Station – Bhawanipur, Mobile Number : 9830022448, Residence Phone Number : 033-24740855, Email : kiritzaveri@hotmail.com / zaveri.kirit@gmail.com

 

2)   Kirit Popatlal Zaveri, Son of Popatlal Zaveri, C/o. DUBE & CO. having its Office at Room No. 65, premises being no. 10, Old Post Office Street, Kolkata – 700001, Phone number 033-2248-1467, Residence Phone Number 033-22439009, Email : kiritzaveri@hotmail.com / zaveri.kirit@gmail.com

 

3)   Kirit Popatlal Zaveri, Son of Popatlal Zaveri, C/o. Mr. Zatin Zaveri, residing at premises being no. G-9C, Indralok Complex, ( Opposite Lake View Resturant ) Surat, Duman Road, Surat – 395007.

 

4)   Kirit Popatlal Zaveri, Son of Popatlal Zaveri, C/o. Mr. Zatin Zaveri, having Office at Premises being no. 119, Tulsi Market, (Near Rashab Petrol Pump ), Ring Road, Surat – 395002, Mobile Number – 09227906499.

 

Subject : Notice under Section 138 (b) of the Negotiable Instrument Act’ 1881, as amended.

 

My Client : Sri Jialal Mehra, Son of Late Ram Lal Mehara, residing at premises being no. 61A, Park Street, Kolkata - 700016.

Dear Sir/s,

 

Under instructions and on behalf of my client Sri Jialal Mehra, Son of Late Ram Lal Mehara, residing at premises being no. 61A, Park Street, Kolkata - 700016, West Bengal, I serve upon you the following notice :

 

1)   That you have taken financial assistance from my Client for a sum of Rs. 3,00,000/- ( Rupees Three Lakhs ) only.

 

2)   That you agreed to refund the said financial assistance money to my client which you had taken from my client within a reasonable period and thus you committed as assured to refund such money as of Rs. 3,00,000/- ( Rupees Three Lakhs ) only, to my Client, and also assured to compensate thereon to my client during such period.

 

3)   That though you did not pay any compensation thereon as you promised and did not cause to refund money to my client. My client on several occasion visited your office and residence, asking thereby to refund his money back and therefore you issued a Cheque being no. “000069”, dated 13-10-2022, drawn on Punjab & Sind Bank, Calcutta Lindsay Street Branch, Calcutta – 700087, for a sum of Rs. 3,00,000/- ( Rupees Three Lakhs ) only, in favour of my Client.

 

4)   That in the month of October’ 2022, the following cheque was issued in the name of my client from the Account of you, the said cheque was duly signed by you.

 

Sl. No.	Cheque no.	Date	Drawn on	Amount
1	000069	13/10/2022	Punjab & Sind Bank, Calcutta Lindsay Street Branch, Calcutta - 700087	Rs. 3,00,000/-

 

 

5)   That in discharge of your existing legal debts and or liabilities the following cheque was issued in the name of my client from the Account of you, the said cheque was duly signed by you.

 

Sl. No.	Cheque no.	Date	Drawn on	Amount
1	000069	13/10/2022	Punjab & Sind Bank, Calcutta Lindsay Street Branch, Calcutta - 700087	Rs. 3,00,000/-

 

6)   That the said cheque was presented for realization within its validity period, with the banker of my client i.e. ICICI Bank, but the same was dishonored with the remarks “Funds insufficient” vide Cheque Return Memo dated 14-Oct-2022, which fact came to the knowledge of my client on or about 17-Oct-2022, from his Banker along with your banker’s cheque Return Memo dated 14-Oct-2022.

 

7)   That the above facts make it abundantly clear that you have mischievously and intentionally issued the aforesaid cheque with ulterior design knowing well fully that the said cheque would not be honoured on presentation on account of “Funds insufficient” in your account.

 

8)   That by dishonor of the cheque as aforesaid, you made yourself liable to be prosecuted under the provisions of the Negotiable Instruments Act, 1881, under which you are liable to be punished with imprisonment for a term which may extend to 2 years or with fine, which may extend to twice the amount of the cheque or with both.

 

I therefore, on behalf of my client, hereby call upon you to make the payment of the said sum of Rs. 3,00,000/- ( Rupees Three Lakhs ) only, being value of cheque, to my client within a period of 15 ( fifteen ) days from the date of receipt of this notice, failing which I have definite instructions from my client to take necessary action against you in the competent Court of Law, and in that event you shall be liable for all the cost and consequences resulting there from.

 

Please note that in the event of your failure to comply with the aforesaid, the proceedings under Section 138 of the Negotiable Instrument Act, 1881, shall be initiated against you without any further reference to you.

 

This notice is issued to you without any prejudice to my client’s rights and contention to claim and or realize any interest / damages / compensation in accordance with the Law.

 

You are also liable to pay a sum of Rs. 5,000/- ( Rupees Five Thousand ) only, towards charges for the present notice. Hence this notice, which please note. Copy kept for future references.

 

Thanking you,

 

Yours’ faithfully,

 

 

Ashok Kumar Singh.

Advocate.

High Court at Calcutta.