Abhijeet Panchariya Office & Residence:

Advocate Plot No.240, Flat No.201, Near

Mahima Panache, Nandpuri-B,
Rajasthan High Court Jagatpura, Jaipur
Pin Code-302033
Mobile No.946818589
Email Id-Abhijeet.123panchariya@gmail.com

Date: - 21.09.2020

From:

Ms. Mohit Banthia

Proprietor Raghu Leela
UG-4, Navjeevan Plaza
MI Road, Jaipur-302001

To:

Mr. Jai Motiani

Proprietor Lucky Silk Stores
Sojati Gate,
Jodhpur 342006

LEGAL NOTICE UNDER CHAPTER XVII SECTION 138 OF THE

NEGOTIABLE INSTRUMENT ACT, 1881

Under the instructions and on behalf of my above named client

Mr. Mohit Banthia, I hereupon serve this legal notice for redressal of
grievance of my client arising out of the facts and circumstances stated
as under:-
1. That my client is reputable concern dealing in Rajputi Poshak and
fabrics and he has earned goodwill in this field. It is stated that
you had purchased Rajputi Poshak and fabrics from my client for
part payment of which you had issued a cheque of Rs. 9,00,000/-
(Rs. Nine lakh only) on 17.09.2020. The details of the cheque
issued by you is mentioned hereunder:

Name of Bank: HDFC Bank Ltd.

Name of Branch: Stadium shopping Centre Opp Umaid

Stadium, Jodhpur

Cheque No. “001129”

Cheque Date: 17.09.2020

Current Account No. 18452020000809

2. That my client deposited the cheque for clearance at her bank

namely Yes Bank Ltd., Ground Floor and First Floor, SR 101,
Navjeevan Plaza, MI Road, Jaipur. Whereupon, same was returned
unpaid vide cheque memo/note dated 18.09.2020 wherein it has
been mentioned that the cheque remained unpaid due to
“Payment Stopped by Drawer”.

3. That lawful monetary dues of my client have remained unpaid for

want of honor of cheque issued by you. Non-realization of cheque
on account of “Payment Stopped by Drawer” clearly
constitutes dishonor of cheque and same is punishable under the
provisions of Negotiable Instrument Act, 1881.

4. That no intimation with regard to such an instruction for

“Payment Stopped by Drawer” was ever disclosed to my client
and non-realization of aforesaid cheque clearly amounts to
dishonor of cheque. And Sheer Violation of Negotiable
Instrument Act, 1881
5. That default in timely payment of dues has caused great financial
hardship to my client and it has also deprived her of lawful
monetary dues outstanding from you.

6. That the conduct and omission on your part is also wholly against
the fair business practices and is in violation of mutually agreed
terms.

Therefore, by means of this legal notice under Section 138

of the Negotiable Instrument Act, 1881, I call upon you to
immediately make payment of Rs. 9,00,000/- (Rupees Nine
Lakh only) to my client within a period of 15 days from the date
of receipt of this notice along with interest @ 24% per annum
as also Rs. 31,000/- towards incidental/miscellaneous charges
incurred by my client towards issuance of the legal notices. In
the event of any failure or further delay on your part to make
payment of the aforesaid dues within a period of 15 days, I
shall take recourse to appropriate legal proceedings against
you without any further notice or intimation in this regard for
which relevant record has been handed over to me.

(ABHIJEET PANCHARIYA)
Advocates