ADV.

ABHISHEK MISHRA
Office : Nilesh ojha& Associates
Office No. 2 & 3, 1st floor, Kothari House, Oak Lane, Above
Burman Burma Restaurant,
Fort , Mumbai - 400 023

Email:adv. abhishekmishra1@gmail.com
Office No. +91 2249717769

Date: 16/09/2020

To

(1) Shri. Haresh Pratap Chandan

Partner, M/s. JSK constructions
(Partnership Firm)
9, Vardhman Chambers,
Plot No. 84 Sector 17, Vashi,
Navi Mumbai – 400 075.

(2) Shri. Aalekh Haresh Chandan

Partner, M/s. JSK constructions
(Partnership Firm)
9, Vardhman Chambers,
Plot No. 84 Sector 17, Vashi,
Navi Mumbai – 400 075.

Sub : Notice under section 138 (b) of the

Negotiable Instrument Act Dishonour of
cheque No. (i)064521 (ii) 064520 (iii)
064518 (iv) 064519 dated 08.09.2020 for
Rs. 6,14,00,000 drawn on 08.09.2020.

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Dear Sir,

Under the authorization of my client Shri. Mahesh T. Doshi & Smt.

Meena M. Doshi R/o 1102, Silver Avenue, Devidyal Road, Mulund
(West) Mumbai – 400 080. I undersigned serve this notice upon you
as under;

1. By this notice I would like to inform you that your following cheques
are returned unpaid. The details are as below;

Sr. Business Rejected Cheque Amt in Amt. in

No Date Date No. Number’s words

1 07.09.2020 08.09.202 064518 One

0 1,60,00,000 Crore
Sixty
Lakh
Rupees

2 07.09.2020 08.09.202 064519 2,65,00,000 Two

0 Crore
Sixty –
Five Lakh
Rupees

3 07.09.2020 08.09.202 064520 1,75,00,000 One

0 Crore
seventy –
Five Lakh
Rupees

4 07.09.2020 08.09.202 064521 14,00,000 Fourteen

0 Lakh
Rupees

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Total 6,14,00,000 Six Crore
Fourteen
Lakhs
Rupees

The said cheques were issued by you in discharge of your liability

to pay the aforesaid amount.

2. That, my client has purchased a flat from you for a consideration of

Rs. 4,00,00,000. The description of flat as under;

“piece and parcel of free hold land

admeasuring 668.89 sq.mts or there about
bearing plot No. 390 of suburban scheme
No. III of chembur bearing CTS No. 1341,
1341/1 and 1341/2 of village chembur,
TalukaKurla in the Registration District and
Sub District of Mumbai and Mumbai
Suburban, together with the building having
ground and two upper floors known as
"Pratima", lying being and situate at 8th
Road, Chembur, Mumbai - 400071 within the
limit of Brihanmumbai Mahanagar Palika.
The said plot of land admeasuring 668.89
sq. mts and there about bearing plot No.
390 of SS III of Chembur”.

3. That, you have signed one agreement in the month of November 2016
regarding the sale of said flat to my client and promised my client that
you will help to get it registered by appearing before the registering
authority.

4. However you avoided to register the conveyance / sale deed and the
proper possession of the said flat. After enquiry it was found that, you
have cheated my client as the said project /flat is under dispute.

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Therefore my client was about to initiate criminal proceedings against
you. But you requested my client to not to take any action and assured
to pay the losses incurred by my client.

5. Then after delaying for various dates, lastly you agreed to pay my
client an amount of Rs. 6,14,00,000 (Six Crore Fourteen Lakhs)
against the compensation for losses, mental torture, annoyance,
inconvenience which are caused due to the cheating done by you.

6. That, as per your instructions, the above said cheques were deposited
on 07.09.2020. However The said cheques has been returned back by
your bankers with the remark “insufficient of fundes“ in your account
and you having failed to arrange for its payment, this cheque has been
returned to me by my bankers on 08.09.2020.

7. Hence, it is clear that you once again cheated my client by giving a

cheque without there being any amount in your account.

8. That, you are hereby required to take notice of demand under section
138 of the Negotiable Instrument Act, 1881 and to pay the whole amount
of the dishonored cheque, Rs. 6,14,00,000 within a period of fifteen
days from the receipt of this notice, failing which you shall become liable
under the penal provision of the Negotiable Instrument Act, 1881.

9. You are further required to note that if you fail to make the payment,
you shall do so at your own cost and responsibility and shall be liable for
legal action both under the civil as well as criminal law applicable as on
date. You are further liable for the cost of this notice.

10. Needless to remind you that, my client already initiated criminal

proceeding under section 420 r/w 120 (B) & 34 of Indian Penal Code
against you before Hon’ble Additional Chief Metropolitan Magistrate Court
being case No. _____ / 2020.

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The notice charges of Rs. 5 Lacs are levied upon you.

Place: Mumbai.

Dated: 17.09.2020

Your faithfully,

(Shri. Mahesh T. Doshi) (Adv. Abhishek Mishra)

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