Advocates Club

Legal Demand Notice

SPEED POST/WHATSAPP/E-MAIL

Dated: 28.06.2024

To,

  1. M/s ABC PVT LTD
    Address: <Address of noticee>
  2. Mr. Mayank
    (Managing Director of M/s ABC Pvt. Ltd.)
    Address: <Address of noticee>
    Mobile No.: <Mobile number of noticee>
    E-mail: <Email of noticee>

LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

Under the instructions from and on behalf of my client, M/s XYZ Pvt. Ltd., having it’s office at _________ (hereinafter referred to as ‘my client’) the present Notice is being sent through it’s Authorized Representative and it is hereby informed to you as follows:

  1. That my client is a Company duly registered under the provisions of the Companies Act, 1956 and is engaged in the business of marketing, sales, and supply of servo voltage stabilizers, automatic voltage stabilizers, etc under the brand name “TRUSTSTAR”.
  2. That you Noticee no.1 are a Private Limited Company and you the Noticee no. 2 namely Mr. Mayank is the Managing Director of the Noticee No.1, who is also the signatory of the cheque in question issued on behalf of the Noticee No.1.
  3. That you the Noticees visited the office of my client situated at ______________ for purchase of goods and in furtherance of the discussions that took place between my client and you the Noticees, you the Noticees placed an order upon my client for the supply of 500 KVA Voltage Stabilizer along with Lubricant Oil.
  4. That in accordance with the valid and confirmed order of you the Noticees, my client duly supplied a 500 KVA Voltage Stabilizer along with Lubricant Oil worth of Rs.7,08,000/- (Rupees Seven Lakhs and Eight Thousand only) to you the Noticees vide an invoice bearing No.SP/UP/23-24/814 and E-way bill no.491411810875 both dated 10.02.2024 respectively.
  5. That after using the abovementioned goods and being completely satisfied with the goods sold by my client, you the Noticee No.2 issued a cheque bearing no 450923 amounting to Rs.7,08,000/- (Rupees Seven Lakhs and Eight Thousand only) drawn on State Bank of India having it’s branch at __________ on behalf of the Noticee No.1 upon my client in furtherance of the payment for the abovementioned goods purchased from my client.
  6. That you the Noticees handed over the cheque bearing no.450923, having filled in the amount in words to my client for the abovementioned purchase. However, you the Noticees requested my client to hold the presentment of the said cheque for some time until you the Noticees arrange the cheque amount.
  7. That in order to maintain the cordial relations with you the Noticees, my client refrained from presenting the said cheque for some time. It is submitted that later my client upon the assurances of you the Noticees regarding the honoring of the cheque in question, presented the said cheque bearing no. 450923 dated 01.06.2024 during it’s validity period for encashment with it’s bank i.e. Punjab National Bank, Branch____, Delhi. However, to the utter shock and disregard of my client, the said cheque got dishonored and was returned unpaid by it’s banker vide return memo dated 05.06.2024 with the remark “Payment Stopped by Drawer”.
  8. That thereafter my client informed you the Noticees regarding the dishonor of the cheque and contacted you several times requesting you to pay the cheque amount of Rs.7,08,000/- (Rupees Seven Lakhs and Eight Thousand only) however, no heed was paid to the requests of my client by you the Noticees and the actions of you the Noticees seems like a pre-plan to dupe my client of it’s hard-earned money.
  9. That under the aforesaid facts and circumstances and in accordance with the provisions of law, my client is desirous of giving you the Noticees another opportunity for paying the sum equivalent to the cheque bearing no.450923 amounting to Rs.7,08,000/- (Rupees Seven Lakhs and Eight Thousand only) within 15 days of the receipt of this notice in accordance with the provisions of Section 138 of Negotiable Instruments Act, 1881.

Under the above mentioned circumstances, my client hereby call upon you the Noticees to make the payment of the cheque amount of Rs. 7,08,000/- (Rupees Seven Lakhs and Eight Thousand only) within a period of 15 (fifteen) days from the date of receipt of this notice, failing which my client will be constrained to initiate criminal proceedings against you the Noticees under section 138 of Negotiable Instruments Act, 1881 for which you will be liable for all costs and consequences.

Further this notice is without prejudice to the rights of my client to institute appropriate proceedings under any other provision of law for the recovery of the said amount. Be advised accordingly.

Copy of this notice has been retained in our office for record and reference.

Amaresh Kumar Singh
Advocate