NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT FOR DISHONOUR OF CHEQUE
Registered A. D.
Dated……………………..
M/s………………………
………………………
Dear Sirs,
Under instructions and on behalf of my client……………………… I serve you this notice as in the succeeding paragraphs: —
1. That Shri…………………….. of the Company had approached my Client
M/s……………………… for supply of its product for sale in the State of……………………..
2. That since Shri…………………….. was also a Director of……………………… the authorised dealers of my client’s products in the State of…………………….. my client had agreed to supply its product to your company.
3. That my clients at the request of Shri…………………….. the Director of your Company, supplied its various products worth Rs……………………… against invoice No……………………… dated……………………..
4. That the company had given a cheque No……………………… dated …………………….. for Rs……………………… drawn on the…………………….. to my client in payment of the supplies made by my client vide invoice No……………………… dated …………………….. to you.
5. That my client presented the said cheque to the Banker of the company, …………………….. for payment. However, the Banker of the company has returned the said cheque to my client on…………………….. with the remarks "Refer to drawer".
6. That my client on receipt of the cheque as unpaid from the Bankers of the company sent a notice of dishonour No……………………… dated…………………….. intimating therein about the dishonour of the cheque No……………………… dated …………………….. for Rs……………………… given to my client in payment of materials despatched by my client to you. In the said notice of dishonour my client had intimated that in case payment of dishonoured cheque is not received within seven days of the receipt of the letter my client shall proceed to recover the amount of the cheque by taking recourse to legal proceedings.
7. That despite the said notice of dishonour, you have failed to make payment of the dishonoured cheque to my client within the stipulated period of seven days.
8. That you are liable to pay to my client the sum of Rs……………………… with interest @…………………….. per cent per annum till date of payment which you have failed and neglected to pay to my client despite notice of dishonour served on you.
I now call upon you through the medium of this notice to pay to my client the sum of Rs……………………… with interest @…………………….. % per annum till payment is made to our client and in case payment is not made to my client within fifteen days from the date of receipt of this notice, I have instructions from my clients to institute appropriate legal proceedings against your company and its directors for the recovery of the said amount in the court of law having jurisdiction over the matter and in such an event your company shall be liable for all costs and expenses. The cost of this notice is Rs……………………… which you are also liable to pay.
I have kept a copy of this notice in my office record for future reference.
………………………Advocate