By RPAD/By E-Mail
Date: ____________________
To,
____________________
____________________
Subject: Legal Notice for dishonoured cheque under Section 138 of Negotiable Instruments Act.
Sir/Madam,
I write this under instructions from and on behalf of my client, ____________________, ____________________, at ____________________, (herein referred to as “my Client”). I do hereby issue this legal notice in unequivocal terms towards the dishonoured cheque issued to my client and address it as follows:
My client states that you borrowed a sum of ____________________. Towards its repayment, you issued a cheque for ____________________ in favour of my client, which was drawn on ____________________ with cheque number ____________________ dated ____________________. The cheque was presented to the bank on ____________________, but my client states that the cheque was dishonoured on ____________________ due to ____________________, as per the bank’s memo.
The dishonour of the Cheque constitutes a criminal offense by you and you are now liable for the outstanding amount along with any accrued interest and legal costs associated with the dishonoured Cheque. On ____________________, my client received a return memo as the cheque was dishonoured due to ____________________. The copy of the cheque is attached as Enclosure to this Notice. The details of the cheques can be followed below:
Cheque Number: ____________________ Date of Cheque: ____________________ Cheque Amount (Rs.): ____________________ Beneficiary Name: ____________________ Name of the Bank issued Cheque: ____________________ Date of Cheque Deposited: ____________________ Cheque Payment Status: ____________________
My Client states that the aforesaid Cheque was to be honored by you towards your obligation to repay my client. My Client states that you had neither repaid my client nor did you honor your cheque to repay the debt. My Client states that you are liable to pay the Cheque amount Rs ____________________.
Therefore, as per the provisions of the Negotiable Instruments Act, 1881, a dishonoured cheque constitutes an offense, and my client is entitled to recover the amount through legal means. The cheque amount, along with the outstanding loan amount, remains unpaid.
My Client states that the said Cheque was issued by you with ulterior motive & malafide intention and that you had no intention of honoring the Cheque given by you. My Client states that it is clear from your actions that you had a malafide motive to gain money from my client and leave my client stranded without honoring your cheques and thus my Client calls upon you to immediately act upon the requisitions stated above to remit to my Client the said sum of amount Rs ____________________ within FIFTEEN (15) days from the receipt of this notice being the Statutory period, prescribed under the Negotiable Instrument Act, 1881, failing which you shall be deemed to have committed an offence U/s. 138 of Negotiable Instrument Act, 1881 and appropriate legal proceedings will be initiated against you before the Courts at [Deposit Branch].
Further, please treat this as a Statutory Notice U/s. 138 to 142 of the Negotiable Instrument Act, 1881, as amended up to date. Without prejudice, my Client shall also be entitled to adopt legal proceedings against you either civil or criminal for recovery of the total due amount of amount ____________________ and for the legal cost incurred by my Client as a consequence of your negligence.
I look forward to your full co-operation with the above-stated settlement from you within FIFTEEN (15) days hereof that you shall comply with all the requisitions set hereinabove. Should I not receive an appropriate response from your end to this legal notice within the aforementioned time limit, my Client reserves their right to initiate suitable legal action against you as they are best advised including but not limited to filing of an FIR, without any further notice to you whatsoever.
Please deliver your reply and any future correspondence directly to ____________________. You may also send a scanned copy of the same to my email, to ____________________.
ENCLOSURES:
Copy of Cheque
Return Memo
(Advocate)