PRANSHU KHATRI

(Advocate & Legal Consultant)

M: 9999982588. Email:advocate.pranshukhatri@gmail.com

Court Office:-Chamber No.223,

Near Gate No. 9, District Court Complex, Gurugram -122001
Ref: PK/AY/Feb/22 Date: 12.02.2022

REGISTERED-A.D./SPEED POST
To,
Mr. Aditya Yadav @ Rocky
S/o Ashok Yada @ Pappu
R/o Flat No. 522, Chandan Wari Apartment,
Sector 10, Dwarka, Delhi.

Also at: Village Kapashera, New Delhi.

SUB: - LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENTS ACT, 1881 AS AMENDED UPTO DATE AS
WELL AS UNDER SECTIONS 406/420 OF INDIAN PENAL
CODE.
Sir,
Under the instruction and authority from my

client Mr. Gurudev Sharma S/o Sh. Maniram Sharma R/o

H. No. 367, Sector 10A, Opp. Gautam Hospital,

Gurugram (hereinafter referred to as “My Client”) I

hereby serve you following legal notice under

section 138 of Negotiable Instrument Act, 1881 read

with section 420/406 IPC (as amended up to date) in

succeeding paragraphs:
1.That my client having good friendly relation with

you since long time and you had take friendly loan

of Rs. 3,50,000/- (Rupees Three Lacs Fifty

Thousand only) from my above named client on

various occasion i.e. Rs. 1,50,000/- in July 2019,

Rs. 1,50,000/- in November, 2019 and Rs. 50,000/-

in 29th Jan, 2020 (which was transferred in your

account from my mother’s account) for your

personal needs and requirements in the presence of

common friends Mr. Manoj Kumar S/o Om Prakash. You

the above said addressee assured my client that

you will return the said loan till October, 2021.

2.That in the second week of October, 2021 when my

client asked you to return the aforesaid loan

amount, then in lieu to discharge your partly

legal liability towards my client, you the above

said addressee had returned amount of Rs. 80,000/-

in month of jan 2022 and issued a cheque bearing

no. 000023 dated 18.10.2021 of Rs. 1,67,000/-

drawn on Kotak Mahindra Bank, 16, Pankaj Arcade,

Sector 5, Dwarka, New Delhi-110075 of A/c No.

7613518946 with an assurance that the said

 cheque will be encashed on its presentation. You

the above said addressee also assured my client

that you will repay the remaining loan amount till

Jan, 2022.

3.That as per your assurance my client presented the

above said cheque for encashment with his banker

Bank of India, Branch Sector 10, Gurugram in his

account no. 672910110002303 but the cheque was

returned unpaid with remarks “Payment stopped by

drawer” as mentioned in the bank memo dated

15.01.2022 with the returned cheque.

4.That my client states that your action in having

allowed the cheque in question unpaid on its due

presentation under your assurance and promise,

shows that you had intentionally, malafidely and

deliberately issued the cheque with criminal

intentions in order to cheat and defraud my

client, knowing fully well that the cheque will

never be honored on its presentation. According to

amended N.I. act, you have rendered yourself

liable to be prosecuted for criminal offences

committed by you under sections 420 of the Indian

Penal Code and specifically the sections 138 of

the Negotiable Instruments Act.

Now through this legal notice, you are hereby

called upon to pay the amount of the dishonored

cheque i.e. Rs. 1,67,000/- (Rupees One Lac Sixty

Seven Thousand only), within 15 days from the date

of receipt of this notice, failing which, I have

definite instructions from my client to initiate

appropriate legal (civil & criminal) proceedings

against you in the competent court of law and in

that event, you shall be liable for all costs,

damages and consequences resulting there from.

You are also liable to pay a sum of Rs.

11000/- towards cost of this legal notice to my
client.
A copy of this legal notice has been retained
in my office and you are advised to keep the
original intact.
The legal notice contains total 04 pages
(four) and there is no cutting or overwriting in
it.

Pranshu Khatri, Advocate,

Distt. Court Gurugram