I.

Facts of the Case: -

The fact of this case is that Mr. Rohan Kumar provided catering services to Anushka for a
birthday event, amounting to Rs. 2,50,000. Anushka issued a cheque dated 5th June 2024 to
Rohan Kumar to settle the payment, but the cheque was dishonoured due to "Account Closed".
Despite attempts to contact Anushka for payment, she failed to respond or make the payment,
leading Rohan Kumar to file a complaint against her.

II. Notice Under section 138 of the Negotiable Instruments Act: -

To,
Mr. Rohan Kumar
789, Maple Street
New Delhi, India

CHEQUE BOUNCING CASE – Account Closed

Dear Mr. Rohan Kumar,

Under the instruction of my Client named Anushka Sharma, residing at 101, Oak Avenue, New
Delhi, I serve on you this ‘Legal Notice’, informing you as follows:

1. That, when you had availed catering services from my Client for a birthday event in the
month of July 2024, you had issued a cheque, bearing No. 54321 drawn on Sunset Bank
dated 15th July 2024, for an amount of Rs. 3,00,000 in my client’s favor in lieu of the
payment for the services rendered.

2. That, my Client had deposited the said cheque in her Account, in the Apex Bank, during
the period of its validity on 25th July 2024, which was returned unpaid to my Client on
30th July 2024, on account of ‘Account Closed’ status of your Bank Account, to meet
the demand stated in the aforesaid cheque. (Xerox copy of the Memorandum both dated
30th July 2024 issued by the said Bank, is enclosed for ready reference).

3. That, it appears that you issued the aforesaid cheque with the deliberate intention to
cheat and defraud my client, knowingly that it was bound to be dishonored, on account
of your Bank Account being closed.
 4. Under the aforesaid facts and circumstances, through this legal Notice, I, on behalf of
my client, do hereby call upon you to pay my Client, the aforesaid amount of Rs.
3,00,000 on or before 15th August 2024, failing which my client shall initiate legal
proceedings for the recovery of the said amount and shall also prosecute you under
section 138 of the Negotiable Instruments Act, and you shall be liable for the costs of
the proceedings also.

5. Copy retained.

Unfeigned Regards,
Rajat Singh
Advocate, Supreme Court of India
Under the instruction of my Client
Mr. Rohan Kumar - 789, Maple Street, New Delhi, India
Regd. AD/UPC/BY HAND Dated: 1st August 2024

To Mr. Rohan Kumar

789, Maple Street
New Delhi, India

Sub.: Legal notice under Section 138 of the Negotiable Instrument Act.
Sir,

The cheque No. 54321 dated 15th July 2024 for an amount of Rs. 3,00,000 drawn on the Sunset
Bank branch, was issued by you in lieu of discharge of your financial liabilities to us.
The said cheque was presented for payment but the same has been returned by your bank with
the endorsement "Account Closed". The Bank has informed us through their cheque return
memo dated 30th July 2024.
You are now requested to make the payment of the above said amount immediately in
accordance with the provisions of section 138 of Negotiable Instrument Act failing which we
will initiate criminal proceedings against you as contemplated under the above said section.

This is for your information.

Yours sincerely,
Rajat Singh
New Delhi
 III. List of Evidence:-

The list of evidence that can be used is as follows:-

1. Cheque No. 54321: A copy of the cheque dated 15th July 2024 issued by Mr. Rohan
Kumar in favor of Ms. Anushka Sharma for an amount of Rs. 3,00,000 drawn on Sunset
Bank.
2. Cheque Return Memo: A copy of the memorandum issued by the bank dated 30th July
2024 indicating the return of the cheque due to "Account Closed".
3. Correspondence Records: Any emails, text messages, or letters exchanged between Ms.
Anushka Sharma and Mr. Rohan Kumar regarding the issuance of the cheque and
subsequent attempts to contact Mr. Kumar regarding the dishonored cheque.
4. Bank Statements: Copies of bank statements from Ms. Anushka Sharma's account
showing the deposit of the cheque and subsequent dishonor.
5. Witness Statements: Statements from any witnesses present during the transaction or
privy to the communications between Ms. Anushka Sharma and Mr. Rohan Kumar
regarding the catering services and the issuance of the cheque.