Notice u/s 138 of the negotiable instruments act
ADVOCATE'S NAME…………………………………………………….PARTY'S NAME
ADDRESS………………………………………………………………………ADDRESS
Dated……………..
Notice (by registered a.d.)
To
Shri ……………………
Sir,
Under instructions from and on behalf of my client, Shri ……… Mumbai ………, I have to address you as follows:
1. That my client and yourself happened to be old friends, and as such the relationship between you two has been established for a very long time.
2. That my client has been running his business in readymade clothe; and hosiery in Mumbai city.
3. That the business of my client is that of a wholesaler, and he supplies clothes and hosiery to various businessmen in and around the city.
4. That recently, you have also started your business in readymade clothes and hosiery as a retailer having a shop in the suborn of the city.
5. That since the beginning of your business, you used to purchase ready clothes and hosiery from the shop of my client on credit basis and you also used to make the payment for the same within a period as agreed by and between my client.
6. That my client says that you had been regular and punctual in making the payment for the materials purchased by you from the shop of my client, and every time, you used to issue cheques towards the payment of bills on that account.
7 That the last time, on…………….., you had purchased the material for Rs.50,000/- and issued in favour of my client a cheque for that amount. That my client, as usual, presented the said cheque to his banker, Bank of Maharashtra, Karve Road Branch, on……………..for encashment.
8. That, however, the Bank has returned the said cheque to my client with an endorsement "Dishonoured for insufficient balance". That since the said cheque has been dishonoured for the reason of "Insufficiency of funds", you may be held liable civilly as well as criminally particularly under section 138 of the Negotiable Instruments Act and provisions of the Code of Civil Procedure.
9. That my client does hereby call upon you to make the payment of the said amount of Rs. 50,000/- within fifteen days from the receipt of this notice, failing which my client will be constrained to take against you an appropriate legal action including filing of a criminal complaint, which please note.
10. That since your illegal behaviour has necessitated the issue of this notice, you are hereby charged with its costs, i.e. Rs. 1,500/-, which also please further note.
Yours faithfully,
[ Harshad Badhbade]
ADVOCATE.