Form of a notice by a sole proprietor partner of a firm/director of a company FROM
TO,
Dear Sir(s),
I have to serve the following notice under section 138 of the Negotiable Instruments Act, 1881, on you being the sole Proprietor of the firm……….carrying on business at…………… as the Partner of the firm M/s…………………being the Managing Director of the Company.
1. That we sold, supplied and delivered the goods as per your requirement and in discharge of your liability you are issued cheque bearing No………………. dated…………………… an Amount of Rs…….……….. drawn on ………………………. Bank ……………. Branch.
2. That the said cheque was deposited our bankers……………. but we are surprised to find that the same has been returned unpaid by your bankers on account of insufficiency of funds in your account with the endorsement “Refer to drawer” since you had failed to provide sufficient funds in your account.
3. That by dishonour of the cheque as aforesaid, you have made yourself liable to the prosecuted under the amended provided of the Negotiable Instruments Act, 1881 and you are hereby to take notice under section 138 of the Negotiable Instruments Act to pay the aforesaid amount of Rs………being the amount of the cheque along with bank charges within 15 days of the receipt of this notice by you, failing which I/We shall be proceeding under the Indian Penal Code, 1860 and under the provisions of the Negotiable Instruments Act, 1881 against you under which you may be punished by imprisonment for a term of one year and with fine which may be to the extent of twice the amount of the cheque or with both.
You are also called upon to pay Rs…………. for the cost of this notice.