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Sample Legal Notice 138

APPENDIX 1
FORMAT – LEGAL NOTICE IN ‘CHEQUE BOUNCING CASES’

To,
Mr./Mrs.______________
_______________________
_______________________

CHEQUE BOUNCING CASE – CHEATING


Dear Mr _____or Mrs ,
        Under the instruction of my Client named ______________,
residing at_____________ , Delhi .  I serve on you this ‘Legal
Notice’, informing you as follows:-

1.  That, when you had visited my Client’s New Delhi residence in


the month of __________, you had issued two cheques, bearing
No.__________ and No. drawn on ___________Bank
dated___________ and____________, for two amounts of Rs.
___________and Rs.____________ and Rs. _________ i. e. total
amount of Rs.__________ in my client’s favour in lieu of the
repayment of the friendly loan advanced by my client to you, of
against amount of Rs._________ without any interest.

2.  That, my Client had deposited the said both Cheques in his


Account, in the __________ Bank, during the period of its validity
on__________, which was returned unpaid to my Client
on___________, on account of ‘Insufficient Funds’ in your Bank
Account, to meet the demand stated in the aforesaid both
Cheques. (Xerox copy of the Memorandum both
dated____________ issued by the said Bank, is enclosed for ready
reference).

3.  That, it appears that  in order to cheat and defraud my client and


without any intention on your part to pay my Client, the
aforesaid friendly loan of Rs._________, you  had deliberately and
intentionally issued the aforesaid Cheques, knowingly that  it
was bound to be dishonored, on account of ‘Insufficient funds’ in
your bank Account.

4.  Under the aforesaid facts and circumstances, through this legal


Notice, I on behalf of my client, do hereby call upon you, to pay
my Client, the aforesaid amount of Rs.__________ on or before
______________, failing which my client shall initiate legal
proceedings for the recovery of the said amount and shall also
prosecute you under section 138 of the Negotiable instruments
act and you shall be liable for the costs of the proceedings also.
5.  Copy retained .
     Unfeigned Regards,

Rohit Kishan Naagpal


Advocate , Supreme Court of India
Encls: As above
Under the instruction of my Client
Mr./Mrs.____________-___________________
Notice Format Under Section 138
Regd. AD/ UPC/ BY HAND
Dated————–
To
——————————–
———————————
Sub.:- Legal notice under Section 138 of the Negotiable Instrument Act.
Sir,
The cheque No.—————– dated—————- for an amount of ————drawn on the
—————————————————————————branch, was issued by you in lieu of
discharge of your financial liabilities to us.
The said cheque was presented for payment but the same has been returned by your bank with the
endorsement ——————————–. The Bank has informed us through their cheque return memo
dated———–.
You are now requested to make the payment of the above said amount immediately in accordance
with the provisions of section 138 of Negotiable Instrument Act failing which we will initiate criminal
proceedings against you as contemplated under the above said section.

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