LEGAL NOTICE U/S 138 of N.I.Act

xyz( Name of the person who issued the cheque)

Resident of …….. City

SUB:-  LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMMENT ACT AS AMENDED UPTO DATE.

Under the instructions of my client( or I namely…..) ………………Resident of……………………….. to serve upon you with the following notice:-

1. That as you were having friendly relation with my client and you approached my client in the month of ……….,2020. for a friendly loan of Rs………./- and my client paid you a sum of Rs. …………../- with a promise to return the said amount within one year. You indischarge of your liability to clear the said of Rs ………./- to my client, had issued a cheque vide bearing No…………. Dated…………….. for Rs………………/- drawn on Bank………………………………. in favour of myself or my client.
2. That my client presented the above said cheque of Rs. …………./- issued by you for encashment in his banker’s i.e. Bank, …………….. with the assurance that the same will got encashed on its presentation but to the utter shock of my client, the said cheque got dishonored on its presentation due to remarks” Insufficient” vide memo dated ………………..

 

3. That infact you had cheated my client by inducing my client with the knowledge that the cheque would be dishonoured on its presentation.
4. That on account of issuance and dishonouring of the said cheque ,you have committed an offence punishable under 138 of Negotiable Instrument Act, for which you may be liable for punishment for 2 years and fine to the extent of double the amount of Cheque or both as well as criminal case of cheating.

 

I, therefore through this notice call upon you to make the payment of the above said Cheque of Rs. ……../- (Rs. ……………… only) within 15 days from the date of receipt of this notice, failing which, I have instruction from my client to file a Criminal Complaint against you in the competent court of law besides this my client also reserves his right to file a civil suit for the recovery of the amount in the competent court of law at your risk and costs.

A copy of this notice has been retained in my office for further action and record.

 

 

(Name)