Ref.:
AKS / Legal / 3108-1707 / 23 Dated
: 9th March’ 2023.
To,
1. M/s. Biplab
Chemicals, a Proprietorship Firm, having its Office at Village – Nore, Post
Office – Keyatala, Police Station – Baruipur, Pin – 743372, District South 24
Parganas.
2. Sri Biplab Naskar,
Son of Nirapada Naskar, Proprietor of M/s. Biplab Chemicals, residing at
Village – Nore, Post Office – Keyatala, Police Station – Baruipur, Pin –
743372, District South 24 Parganas.
Subject : Notice
under Section 138 (b) of the Negotiable Instrument Act’ 1881, as amended.
My Client : Nayan
Guha, Son of Late Nripendra Narayan Guha, residing at Premises being no. 16,
Bagmari Lane, Block – 11, Flat No. 16, Police Station – Manicktala, Post Office
– Kankurgachhi, Kolkata – 700054, Proprietor of
M/s. Gopal Chemical Industries, a Proprietorship Firm having its Office
at Premises being no. 32/1, Murari Pukur Road (formerly Biplab Bankim Ghosh
Sarani), Post Office – Ultadanga, Police Station – Manicktalla, Kolkata -
700067.
Dear
Sir/s,
Under
instructions and on behalf of my client Nayan Guha, Son of Late Nripendra
Narayan Guha, residing at Premises being no. 16, Bagmari Lane, Block – 11, Flat
No. 16, Police Station – Manicktala, Post Office – Kankurgachhi, Kolkata –
700054, Proprietor of M/s. Gopal
Chemical Industries, a Proprietorship Firm having its Office at Premises being
no. 32/1, Murari Pukur Road (formerly Biplab Bankim Ghosh Sarani), Post Office
– Ultadanga, Police Station – Manicktalla, Kolkata - 700067, I serve upon you
the following notice :
1)
That
my Client is doing business of Chemicals, having appropriate License and paying
fees, levy, taxes, etc. to the concerned Government Authority. My Client
business has been duly recognized on obtaining Trade License, GST registration,
etc. my client is having an Old business repute in the Chemical Industries
business in the City of Kolkata, as well as in the State of West Bengal.
2)
That
you are carrying small business of Chemical in the Baruipur Sub Division, under
the District, South 24 Parganas, at the address given in this notice. On your
such representation and approaches, you started to take Chemicals from my
client, against Invoices on Credit and used to paid the same at the earliest.
3)
That
such a relation of commercial transaction has been started since the year 2018,
and since then you used to take chemicals from my client and used to pay the
value of such chemicals given in the Invoices, raised by my Client, time and
again as per delivery to you, and therefore such commercial relation gain a
trust between you and my client thereof due to span of time as well as
transaction satisfaction between you and my client regarding delivery of
chemicals and the payments thereof being the value of the chemicals given to
you.
4)
That
a sum of Rs. 2,47,474.20 (Rupees Two Lakhs Forty Seven Thousand and Four
Hundred Seventy Four, and paise Twenty) only, is due and payable by you as on
28/10/2021.
5)
That
lastly on 28/10/2021, you have taken chemicals, from my client and thereafter
you did not continue the business with my client and did not make any payment
of Rs. 2,47,474.20 (Rupees Two Lakhs Forty Seven Thousand and Four Hundred
Seventy Four, and paise Twenty) only, to my client.
6)
That
my Client on several occasion requested you for the payment, which you assured
though did not heed to that and did not proceed in the matter of payment to my
client. Since then my client is awaiting to get his legally enforceable debt
from you; But all in vain at your behest.
7)
That
in the month of February’ 2023, 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 |
662243 |
14/02/2023 |
State Bank of
India, (18785)- Suryapur, Village Nachanghacha (Suryapur), Post Office –
Kayatala, P.S. Baruipur, District – South 24 Parganas, West Bengal 743372 |
Rs. 2,00,000/- |
8)
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 |
662243 |
14/02/2023 |
State Bank of
India, (18785)- Suryapur, Village Nachanghacha (Suryapur), Post Office –
Kayatala, P.S. Baruipur, District – South 24 Parganas, West Bengal 743372 |
Rs. 2,00,000/- |
9)
That
the said cheque was presented for realization within its validity period, with
the banker of my client i.e. Punjab National Bank, New Manicktala Branch,
Kolkata, but the same was dishonored with the remarks “Funds Insufficient” vide
Cheque Return Memo dated 21-02-2023, which fact came to the knowledge of my
client on or about 21-02-2023, from his Banker along with your banker’s cheque
Return Memo dated 21-02-2023.
10)
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.
11)
That
you knowing fully disobeying the promise encashment of the said cheque which
you given and handed over the said Cheque with an assurance of encashment on
presentation by my client, thus you are liable to be prosecuted under the Law.
12)
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. 2,00,000/- ( Rupees Two 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,
Rabindra
Nath Das.
Advocate.
High
Court Calcutta
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