ANother format of 138 Notice

              LEGAL NOTICE                             20/06/2016
To,                                                                                                      Without Prejudice
1.      M/s Ekdantam Infra Private Limited    through its director / M.D.,

2.      Pankaj Kumar Aggarwal @ Pankaj Aggarwal (authorised signatory & DIRECTOR

3.      Jigyasya Aggarwal
Director
REGD OFFICE - 56, GROUND FLOOR, VINOBAPURI ,LAJPAT NAGAR, PART-II, NEW DELHI - 110024,
ALSO AT :- 21-B POCKET-A SFS FLATSMAYUR ENCLAVEMAYUR VIHAR-II, DELHI – 11009
ALSO AT KHASRA NO.5, PIAO MANYARI
NARELA ROAD, KUNDLI, DIST SONEPAT HARYANA
9810115989
 Subject - Dishonour of cheque of Rs. 9,80,718/- dated
26/04/2016, on account of “FUNDS INSUFFICIENT”
Sir/Madam,
               Under instructions and authority of our
client M/s Bhushan Power & Steel Limited having its
regd. Office at “:- 4th Floor , Tolstoy House ,15-17 ,
Tolystoy Marg , New Delhi hereby serve upon you the
following Legal notice:-
1.  BY means of this notice hereby inform you that cheque
NO. 539185 of Rs. 9,80,718/- (Rupees Nine Lakhs Eighty
Thousand Seven Hundred and Eighteen) dated XX/YY/2016 ,
drawn on from Syndicate Bank Mayur Vihar PhaseIII,
Delhi-95  which was duly Issued by you Directors of the
company, in favour of our above mentioned client for
discharge of liability of purchase by PPGP Coil , and
same has been returned unpaid from your account and
same has been returned to our client by its banker
–  bank on AA/BB/2016 along with return memo on account
of “ funds insufficient “.
2.  That earlier also you gave a cheque to our client also
and it was earlier dishonoured due to the same reasons
funds insufficient
3.   That you in connivance with your Bank deliberately has
conjured up a state of affairs where insufficiency of
funds in your account is not only mentioned or
highlighted but the same does not take away your
responsibility to clear the discharge of our legal
Liability.
4.  That the above facts make it abundantly clear that you
have mischievously and intentionally issued the
aforesaid cheque with ulterior designs planned and
later instructed our client to present the above
mentioned cheque for encashment in his bank , knowing
fully well that the said cheque would not be honoured
on presentation on account of insufficiency of funds in
your account.
5.  That you expressly agreed to the terms and conditions
regarding prompt payment of the said cheque to our
client, but astonishingly you have failed to make the
payment as undertaken by you within the stipulated
period of time.
6.  That on account of the above acts you are liable to be
prosecuted under Section 138 of the Negotiable
Instruments Acts, 1881 under which you are liable to
punished with imprisonment for a term which may extend
to two years or fine, which may extend to twice the
amount of the cheque or with both.
7.  That you have blatantly and mischievously failed to
clear the legal liability towards our client, it is
 appalling that you have till date have failed to clear
the outstanding towards our client despite being under
contractual obligation to do the same.
8.  That our client has repeatedly requested you to clear
the outstanding and perform your legal obligation but
request of our client has fallen into deaf-ears.
9.  That your deliberate acts and omissions have caused
immense loss to our client’s business and you have
committed apart from offence under Section 138,
Negotiable Instruments Act an offence of cheating and
criminal misappropriation U/s 406 & 420 of Indian Penal
Code  against  our client for which our client may
initiate Criminal action which can lead to imprisonment
and other penal Consequences.
10.        That it is brought to your notice that your failure
to perform your legal obligations / clear the
outstanding of our client has serious repercussions
under various civil and criminal laws of the country
and our client also reserves the right to initiate all
of the legal remedies available to him entirely at your
cost and risk.
Under these circumstances, I hereby call upon you to
make the payment of Rs. 9,80,718/- (Rupees Nine Lakhs
Eighty Thousand Seven Hundred and Eighteen) the amount
of outstanding of the dishonoured cheque within
15( fifteen ) days of receipt of this notice to our
client , failing which , I have definite instructions
from our client to take necessary action against you in
the competent court of law, and in that event, you
shall be liable for all costs and consequences
resulting there from.
You are also liable to pay a sum of Rs 21,000/-( Ruppes
Twenty One Thousand only) as towards charges for the
present notice.
A copy of this communication is retained in our office
for further reference and future action.
Take notice.
Unfeigned Regards

Rohit Krishan Naagpal

M.Com , LL.B
Posted 20th June 2016 by Kaizen Lex
Labels: 13 138 1860 498A 70(2) Agreement to Sell brother sister Commercial
Arbitration Company Criminal law debar Delhi Rent Act Family WILL . Hindu Marriage Act Power of
attorney WILL
 
 
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