Ref.:
AKS / Legal / 3108-9986 / 22 Dated
: 24th November’ 2022.
To,
1. Shri Sumit Mukherjee,
Son of Late Sanat Kumar Mukherjee, residing at Premises being no. 66/1, North
Jessore Road, P.O. & P.S. – Barasat, Pin – 700124, District – North 24
Parganas.
2. Smt. Paroma Mukherjee
(Pathak), Wife of Shri Sumit Mukherjee, 66/1, North Jessore Road, P.O. &
P.S. – Barasat, Pin – 700124, District – North 24 Parganas.
3. M/s. A. S. R.
Properties, a partnership firm having its registered office at premises being
no. 66/1, North Jessore Road, Post Office & Police Station – Barasat,
District North 24 Parganas, Pin – 700124.
Subject : Notice
under Section 138 (b) of the Negotiable Instrument Act’ 1881, as amended.
My Client : Smt.
Sreyashi Bandyopadhyay, Wife of Shri Chandra Sekhar Bandyopadhyay, and her
husband Shri Chandra Sekhar Bandyopadhyay, Son of Late Nripendra Nath
Bandyopadhyay, residing at Street No. 56, Quarter No. 3B, Post Office &
Police Station – Chittaranjan, Pin – 713331, District Burdwan.
Dear
Sir/s, Madam/s,
Under
instructions and on behalf of my client Smt. Sreyashi Bandyopadhyay, Wife of
Shri Chandra Sekhar Bandyopadhyay, and her husband Shri Chandra Sekhar
Bandyopadhyay, Son of Late Nripendra Nath Bandyopadhyay, residing at Street No.
56, Quarter No. 3B, Post Office & Police Station – Chittaranjan, Pin –
713331, District Burdwan, I serve upon you the following notice :
1)
That
in a Consumer Case being no. CC/57/2017, initiated by my Client and her husband
jointly, before the Hon’ble State Consumer Disputes Redressal Commission, West
Bengal. The said Consumer Case finally decided on 19th day of
December’ 2020, with the following directions on you and others;
“ In view of the
above discussion, the complaint is disposed of with following directions :
(i)
The Opposite Party
Nos. 1 to 3 are jointly and severally directed to refund Rs. 4,14,000/- to the
complainants along with compensation in the form of simple interest @ 9% p.a.
from the date of each payment till its realization;
(ii)
The Opposite Party
Nos. 1 to 3 are jointly and severally directed to pay Rs. 20,000/- to the
complainants as costs of litigation;
(iii)
The above payments
should be made within 90 days from date in terms of the above order”.
2)
That
Since you did not comply with the direction enshrined in the Judgment dated 19th
day of December’ 2020, in CC/57/2017, passed by the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal. My Client preferred to lodge
Execution application which registered as EA/42/2022, before the Hon’ble State
Consumer Disputes Redressal Commission, West Bengal.
3)
That
in the said Execution Application being EA/42/2022, the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, was pleased to issue Warrant of
Arrest against you and other Judgment Debtors.
4)
That
you Shri Sumit Mukherjee and Smt. Paroma Mukherjee ( Pathak) are the Partner of
the said M/s. A.S.R. Properties, and are the Judgment Debtors, in the said
Execution peroceeding, before the Hon’ble State Consumer Disputes Redressal
Commission, West Bengal. You all are responsible to comply the directions given
in the Judgment dated 19th day of December’ 2020, in CC/57/2017,
passed by the Hon’ble State Consumer Disputes Redressal Commission, West
Bengal,
5)
That
on 28/10/2022, you Shri Sumit Mukherjee, were represented the other Judgment
Debtors and yourself, before the Hon’ble State Consumer Disputes Redressal
Commission, West Bengal, in the said Execution Application no. EA/42/2020. You
gave a Cheque being no. 000017, dated 28/10/2022, drawn on HDFC Bank, Orchid
Plaza near Rajarhat Police Station, Rajarhat, Kolkata – 700135, West Bengal,
for amount of Rs. 1,00,000/- ( Rupees One Lakh ) only, duly written and signed
by you. You issued the said cheque from the account maintained by you. The said
cheque given by you before the Hon’ble Bench of the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal. The said facts has been duly
enumerated in the Order dated 28/10/2022, in EA/42/2020, passed by the Hon’ble
State Consumer Disputes Redressal Commission, West Bengal.
6)
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 |
000017 |
28/10/2022 |
HDFC Bank, Orchid
Plaza near Rajarhat Police Station, Rajarhat, Kolkata – 700135, West Bengal |
Rs. 1,00,000/- |
7)
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 |
000017 |
28/10/2022 |
HDFC Bank, Orchid
Plaza near Rajarhat Police Station, Rajarhat, Kolkata – 700135, West Bengal |
Rs. 1,00,000/- |
8)
That
the said cheque was presented for realization within its validity period, with
the banker of my client i.e. Bank of Baroda, NSC Bose Road, but the same was
dishonored with the remarks “Exceeds arrangement” vide Cheque Return Memo dated
31-Oct-2022, which fact came to the knowledge of my client on or about 31-Oct-2022,
from his Banker along with your banker’s cheque Return Memo dated 31-Oct-2022.
9)
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
“Exceeds arrangement” in your account.
10)
That
you knowing fully disobeying the directions of the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, in the given Execution proceeding
in which you appeared and handed over the said Cheque with an assurance of
encashment on presentation by the Decree Holder, thus you are liable to be
prosecuted under Section 72 of the Consumer Protection Act’ 2019.
11)
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. 1,00,000/- ( Rupees One Lakh ) 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.
No comments:
Post a Comment