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Ms.

Harshala Keni
B.Com. L.L.B. Advocate
Add: 801, Ozone I, Opp. Ostwal Height, Kanakia Road, Mira Road East, Thane: 401107.

Ref. No. 004/ARSSBL/2018 05/09/2018

To,
Mr. AGASTHA LINGAMPALAYAM KRISHNASWAMY SRINIVASAN (KBES1031)
13/52 LAKSHMI NAGAR
THONDAMUTHUR ROAD,
BU POST VADAVALLI
COIMBATORE-641046

Dear Sir/Madam,

Sub: Statutory Demand Notice under section 138 of the Negotiable


Instrument Act, 1881 (as amended upto date) for dishonor of cheque:

Under instructions from and on behalf of our clients M/s. Anand Rathi Share &
Stock Brokers Ltd. having branch office at NO 138-D,2ND FLOOR, T.V.SWAMY ROAD
WEST, R.S.PURAM, COIMBATORE - 641 002 & registered office at 4th Floor, Silver

Metropolis, Near Jay Coach Compound, Western Express Highway, Goregaon (East),
Mumbai – 400 063, we have to address you as under:

1) Our clients say that you approached our client with a request to effect dealings
in Shares & Securities of Bombay Stock Exchange (BSE) & National Stock Exchange of
India Ltd. (NSE Capital & F &O). Our clients say that you represented our clients that
you are a reputed Company and wanted to have dealings only with worthy clients. In
the first meeting itself you posed yourself to be honest and trustworthy and spoke
very high about yourself and your credibility and thereby induced our client to accept
your proposal.

2) Being carried away by your aforesaid false and fraudulent representation and
as per your instructions, our clients have effected transactions in your account. During
the course of your business activities, you had accumulated a liability of Rs. 25,869=18
(Rupees Twenty Five Thousand Eight Hundred Sixty Nine & Paise Eighteen only) .

Our client has been maintaining your account as per the rules and regulations of
Exchange. Our clients say that on making up your account it is found that you are
required pay to our clients the aforesaid amount due by you.
P.T.O.
~~ 2 ~~
3) In respect of dealings on your behalf you have been regularly delivered your
contract Notes, Bills, and ledger by our clients.

4) Our clients say that in spite of repeated demands made by our clients and in
spite of repeated promises given by you. You have failed and neglected to regularize
your account.

5) Our clients say that in discharge of aforesaid liability/ indebtedness, you issued
in favour of our clients, account payee & bearing Cheque No. 000371 dated
07/06/2018 of Rs. 24,550=00 (Rupees Twenty Four Thousand Five Hundred Fifty
Only) drawn on Karur Vysya Bank, Coimbatore Branch, Tamil Nadu: 641041.

6) As per the assurance and promises given by you, the cheque was presented for
payment/ deposited by our clients with their Bankers HDFC Bank Limited, Fort,
Mumbai: 400 001 on 07/08/2018. Our clients say that to their great surprise on
presentation of said cheque for payment same was returned dishonoured vide Return
Memo dated 07/08/2018 with reasons “Funds Insufficient”.

7) Our clients say that at the time of issue of cheque you had no intention to make
payment and that you also had no sufficient balance in the account to honour the
cheque.

8) Our clients says that on account of aforesaid fact you are liable to be prosecuted
under section 138 of The Negotiable Instrument Act, 1881 as amended upto date
under which you may be punished with imprisonment which may extend to two years
or fine which may extend to twice the amount of the cheques or with both.

9) Our clients say that under the circumstances you are therefore liable to pay to our
clients aforesaid cheque amount of Rs.24,550=00 (Rupees Twenty Four Thousand Five
Hundred Fifty Only) covered under aforesaid dishonoured cheque within period of 15
days from receipt of this notice as contemplated under Provisions of Section 138 read
with 141 of The Negotiable Instrument Act failing which, please note our clients will
have no other alternative but to prosecute you under provisions of Section 138 of The
Negotiable Instrument Act entirely at your risk as to all cost and consequences.

Yours Truly,

Harshala Keni
Advocate

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