Adv. Deepak Moolchandani Adv.

Kunal Dutta
Reg no.: R/530/2107 Reg no.: R/3709/2018
Phone no.: 9664171221 Phone no.: 7724948844

Office: 13, Second floor, Cine Mall, Near Anasagar Chowpati, Vaishali Nagar, Ajmer, Rajasthan, 305001.

To,                                                                                                                   Date: __/__/2020

Mr. Kailash Kumawat
S/o Mr. Ramlal Kumawat
Kumawat Boring,
Idgah Road, Jambeshwar Nagar,
Vaishali Nagar, Ajmer, Raj
305001

Sub: Legal notice under section 138 of Negotiable Instrument Act for dishonour of cheque.

Dear Sir/Madam,
Under instructions and authority from our client Mr. Nitin Keswani we serve upon you the
following legal notice.

1. That my client, Nitin Keswani, age 36 yrs. S/o Late Mr. Moolchand Keswani, is resident
of 28 B, Abhiyanta Nagar, Vaishali Nagar, Ajmer, 305001. (hereinafter referred as
“client”)

2. That on 07/03/2019, you and my client entered into a sale deed regarding the sale and
purchase of the vehicle (Maruti Swift Desire, 2013 model) with Reg. No. RJ27-CC-
5331, Engine No. D13A2021308 and Chassis No. MA3FSEB1S00450100 (hereinafter
referred as “vehicle”) then registered in the name of my client.

3. That according to the sale deed, you promised to pay the amount of ₹ 3,32,000/- (Rupees
three lakh and thirty two thousand only) to my client, of which ₹ 7000/- (Rupees seven
thousand only) were obtained by my client at the time of signing the sale deed and the
remaining ₹ 3,25,000/- ( Rupees three lakh and twenty five thousand only) were to be
paid by you after the transferring of the ownership of the vehicle in your name.

4. That in regards to the above mentioned payment you issued two cheques to my client i.e.
cheque no. 005753 for ₹ 3,10,000/- (Rupees three lakh and ten thousand) dated 05-10-
2020 and cheque no. 00574 for ₹ 15,000/- (Rupees fifteen thousand only) dated 20-10-
2020 of Oriental Bank of Commerce, Pancheel Nagar Branch, (now Punjab National
Bank, , Vaishali Nagar Branch, Ajmer)

5. That our client had relied on your promise and as instructed by you delivered the vehicle
to you on the date of signing of the sale deed.

6. That even after several reminders to pay my client you did not do so for more than a year,
therefore, my client had to present the aforementioned cheques to the bank on the date
agreed by you i.e 23-10-2020.

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7. That the aforesaid cheques i.e. Cheque No. 005753 dated 05-10-2020 for ₹ 3,10,000/-
(Rupees three lakh and ten thousand ) and Cheque No. 005754 dated 20-10-2020 for
15,000/- (Rupees fifteen thousand only) was presented by our client on 23-10-2020 (the
agreed date by you) to your bankers i.e. Oriental Bank of Commerce, Pancheel Nagar
Branch, (now Punjab National Bank, Vaishali Nagar Branch, Ajmer).

8. That to our clients' shock and surprise the said cheque no. 005753 for ₹ 3,10,000/- had
been dishonored by your bankers with the reason “Kindly contact Drawer/ Drawee Bank
and please present again” and cheque no. 005754 for 15,000/- had been dishonored by
your bankers with the reason “Drawer signature differs” which was intimated to our
client by their Bank (Yes Bank Ltd.) through their two cheque return memos both dated
26-10-2020.

9. That thereafter, when this was brought to your notice, you promised to get the problem
resolved and asked my client to present the cheques again and you will sort out the
problem with your bank and get your signature changed and verified.

10. That, as per the decided date by you i.e. on 26-11-2020, my client again presented the
cheques. Cheque No. 005753 dated 05-10-2020 for ₹ 3,10,000/- (Rupees three lakh and
ten thousand ) and Cheque No. 005754 dated 20-10-2020 for 15,000/- (Rupees fifteen
thousand only) was presented by our client on 26-11-2020 (the agreed date by you) to
your bankers i.e. Oriental Bank of Commerce, Pancheel Nagar Branch, (now Punjab
National Bank, Pancheel Nagar Branch, Ajmer).

11. That again cheque no. 005753 for ₹ 3,10,000/- had been dishonored by your bankers
with the reason “Drawer signature differs” and cheque no. 005754 for 15,000/- had been
dishonored by your bankers with the reason “Drawer signature differs” which was
intimated to our client by their Bank (Yes Bank Ltd.) through their two cheque return
memos both dated 27-11-2020.

12. That it was well within your knowledge that the signature on the cheque were not correct,
and you had no intention to pay my client moreover, it is now clear that you had the
dishonest intention at the time of purchasing vehicle from my client and deceived my
client.

13. That thereafter in spite of many telephonic reminders by my client, you failed to make the
payment due to my client.

14. My client states that you have issued the above said cheques only with an intention to
cheat our client which amounts to an offence punishable under section 138 of Negotiable
Instruments Act.

15. Under the circumstances, we call upon you to pay of ₹ 3,25,000/- (Rupees three lakh
and twenty five thousand only) within a period of 15 (fifteen) days from the date of
receipt of this notice, failing which our client will be constrained to take legal action

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 against you in a court of law for an offence punishable under section 138 of Negotiable
Instruments Act for which you will be liable for all costs and consequences.

16. This is without prejudice to all other legal rights and remedies available to our client for
the above-stated purpose.

17. You are liable to pay a sum of ₹ 5,000/- (Rupees five thousand only) additionally as
necessary cost and expenses of sending the present legal notice to you.

18. Copy of this legal notice is also kept at my office for further ready reference if required in
the future.

Yours faithfully,

(Advocate)

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