Registered Post / Speed Post / Courier
Ref.: CS / MH /
1707-7290 / 24 Dated : 29th day of October’
2024
To,
Sougata Kumar Paul,
Advocate & Consultant,
Alipore Police Court &
Judge’s Court, Kolkata – 700027.
Residence :
Z-4/215, River Side Road,
Kolkata – 700044,
Mobile No. : 9903554291/
9836516231.
Ref.: your Letter Reference No.
NIL, dated 23.10.2024;
Your Client : Chandrodoy Saha,
Son of Late Uday Chand Saha, residing at Premises being No. 3B, Raja Rammohan
Roy Road, Police Station Behala, Purba Barisha, Kolkata – 700008, District
South 24 Parganas.
My Clients : Chaitali Saha,
Wife of Late Anup Kumar Saha, residing at Premises being No. 3B, Raja Rammohan
Roy Road, Police Station Behala, Purba Barisha, Kolkata – 700008, District
South 24 Parganas.
Dear Sir,
Under instructions of my client Chaitali Saha, Wife of Late
Anup Kumar Saha, residing at Premises being No. 3B, Raja Rammohan Roy Road,
Police Station Behala, Purba Barisha, Kolkata – 700008, District South 24
Parganas, I write to you as follows :
- My
client is in receipt of your Letter being Reference No. NIL, dated 23.10.2024,
only on 26-10-2024. From the postal track report its appeared that you
booked such postal article on 25/10/2024, which delivered only on
26-10-2024, to my client. My client astonished on bare perusal of your
Letter being Reference No. NIL, dated 23.10.2024. Therefore handed over
the said purported letter being notice issued by you vide Letter being
Reference No. NIL, dated 23.10.2024, with specific instructions to reply
thereon in the followings.
- At
the outset my client denied all the averments made in the notice in its
entirety and unless and until specifically admitted by my client, all the
averments of the said notice being Reference No. NIL, dated 23.10.2024, is
to be treated as denied in its totality.
- The
Cheque referred in the said notice was not issued by my client in
discharge of any legally enforceable debt and liabilities. The said Cheque
was issued by my client to give the financial assistant to your client, on
his request. It is pertinent to mention that your client is the brother of
my client and both are sibling and are son and daughter of Late Uday Chand
Saha, used to reside in the same roof at Premises being No. 3B, Raja
Rammohan Roy Road, Police Station Behala, Purba Barisha, Kolkata – 700008,
District South 24 Parganas. Pertinently, the said Cheque was given as
Blank Cheque by putting signature by my client to your client without any
other writing therein in the said given cheque, so far. The said cheque
given by my client towards the financial assistance to her brother being
your client. Subsequently, when your client communicated that he did not
require any financial assistance from my client without returning the said
cheque, my client oblige to instruct her banker for the Stop Payment of
the said purported cheque. My client did not have any transaction or owed
any money from your client.
- It
is pertinently stated that there is no legally enforceable debt favouring
your client’s ever and the said cheque which had been presented without
any intimation and /or consent has been willfully misused for the purpose
of wrongful gains by your client, in the given fact as afore-stated.
- While
it is crystal clear that there is no liability or legally enforceable debt
of my client as indicated in the aforesaid notice being Reference No. NIL,
dated 23.10.2024, the same is unwarranted.
- That
the entire facts appeared to be a cause of guilty mind of your client.
- Your
said notice being Reference No. NIL, dated 23.10.2024, is an Omnibus
Letter and the same cannot be said to be a Notice under Section 138 of the
Negotiable Instrument Act’ 1881.
- Hence
the said cheque doesn’t comply with the requirement of Section 138(b) of
the Negotiable Instrument Act’ 1881, as it was not ever issued in favour
of your Client for any legally enforceable liability or debt, so far.
- This
notice is issued without any prejudice to my client’s right thereof.
I, for and on behalf of my client
requesting you to ask your client to withdraw the said notice being Reference
No. NIL, dated 23.10.2024, and refrain himself from doing such wrongful acts,
deeds and things, and or otherwise my client shall take appropriate legal
recourses against your client at his cost and peril, which please note, copy
kept for future references.
Thanking you,
Yours’
faithfully’
Ashok Kumar Singh,
Advocate.
High Court
Calcutta
Copy to :
Chandrodoy
Saha, Son of Late Uday Chand Saha, residing at Premises being No. 3B, Raja
Rammohan Roy Road, Police Station Behala, Purba Barisha, Kolkata – 700008,
District South 24 Parganas.
{ for necessary information } only.
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