By RPAD

To:- Date:- 18.02.2019

1. Mr. Chandrasekhar
Proprietor,
M/s. Sunrise Foods and products
GST: - 33AJSPC5920C2ZJ
No.137, 7th Vinayakar Koil Street,
Behind IOB Bank,
Moolopalayam, Erode- 638 002

2. M/s. Sunrise Foods and products

GST: - 33AJSPC5920C2ZJ
No.137, 7th Vinayakar Koil Street,
Behind IOB Bank,
Moolopalayam, Erode - 638 002
Rep. By it’s proprietor Mr. Chandrasekhar

Subject: - Statutory notice U/s. 138 of NI Act.

Under instructions and upon information received from my

clients M/s. FUZEN Inc., (GST No: - 29ABHPN4113F1ZT), Rep By
it’s proprietor Sri. Sampath Kumar Naidu D S, Aged about 65 years,
S/o. Late D T Subbarayappa, No. 3455, 5 th Cross, 10th Main,
Indiranagar 2nd stage, Bengaluru- 560038, I issue this notice to you
as under: -

1. I instructed to notify that my client is a management consultant

and marketing the agricultural products under the Name and style of

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FUZEN Inc. and you are also a Dealer of all kinds of food grains and
chemicals under name and style of M/s. Sunrise Foods and
products.

2. I instructed to notify that, you have approached my client for

supply of potato on weekly basis. After discussing the terms and
conditions and verifying your background and GST details, my client
has agreed for the same. Accordingly, you have placed an order on
06.07.2018, for fifteen tons of potato as first transaction on 10 th July
2018, for the invoice value of Rs.03,38,140/- (Three Lakhs, Thirty-
eight thousand, one forty only). And on the date of bill my client
has delivered said fifteen tons of potato, which you have approved
the quality. Accordingly, you have issued a delivery note for the
same. Same day you have paid Rs.50,000/- to my client as a part
payment of the above said invoice value and issued a postdated
cheque for remaining invoice value of Rs.2,88,140/- on the same
day. And assured that if possible you will pay the cheque amount
before the date of cheque, else my client can present the cheque on
the date of cheque.

3. I instructed to notify that, finally, after repeated requests and

reminders you not payed the amount before the date of cheque.
Accordingly, I have second time presented your cheque bearing
No.000021 dated 30.11.2018, drawn on Kotak Mahindra Bank,
Chittipalayam, Erode Branch, Tamil Nadu, drawn in favour of my
client towards the payment of above said outstanding amount. Upon
presentation of the cheque, on its due date through my client’s

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banker Bandhan Bank Ltd, Indiranagar Branch, Bengaluru, the
same were also dishonored and returned vide memos dated
12.02.2019 as “FUNDS INSUFFICIENT”. Hence this notice has
been issued.

4. I instructed to notify that, you have issued said cheque for

discharging your liability due to my client. Your act of issuing cheque
and keeping your account insufficient fund, clearly demonstrates
your intention to cheat and defraud my client of the money legally
due. The dishonour of cheque is an offence punishable under
Section 138 of the Negotiable Instruments Act, wherein upon
conviction, you will be liable to pay double the cheque amount or
undergo imprisonment or both.

THEREFORE, I hereby call upon all of you to pay a sum of

Rs.2,88,140/- (Rupees two-lakhs, eighty-eight-thousand, one-
forty only), which is covered under above said cheque, to my client
within fifteen days from the date of receipt of this notice, failing
which my client will be constrained to initiate criminal proceedings for
your prosecution U/s. 138 of Negotiable Instruments Act and also a
civil suit for recovery of the entire outstanding amount with interest at
24% per annum, in which event you will be held liable for all the
costs and consequences arising thereof.

You are liable to pay the notice charges of Rs.10,000/- (Rupees Ten-
Thousand Only) to my client.

Sincerely,

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