Regd.

-AD
G&C/LN/NIA/2018/0128 Without Prejudice

21.03.2018
Sh. Narinder Singh
S/o Ram Singh,
Village Deeg, PO Fatehpur Billoch,
Tehsil Ballabgarh
District- Faridabad (HR).
Mobile 9582024610

Sub: Legal Demand Notice against Bounce Cheque No. 085909

dated 16.12.2017 of Rs. 2,25,000/- (Rs. Two Lac, Twenty Five
Thousand only) drawn on Bank of India, Ballabgarh Branch
(121004) from your SB A/c No.670210100018062

Dear Sir,

Under Instructions & Authority conferred to me by my

client Sh. Pawan Kumar Goyal S/o Jagdish Goyal Resident of

House No. M.C.F 03, GarG Colony, Ballabgarh, District

Faridabad, 121004, Mob 9582581044, I V.K. GarG, Counsel

hereby serve upon the following Legal Demand Notice U/s 138

(b) of N. I. Act 1881 further read with Us 406 & 420 IPC

1860 & Us 357 CRPC 1973.

1. That the father of my Client Sh. Jagdish Goyal who has

been your Classmate in Aggarwal College, Ballabgarh

about last 37-38 years earlier. Since then, you have

family relationship from the whole family members of my

client as well as his father who is your fast Friend.

You are attending all Social gatherings, rituals of all

the Family Members of my client. My client who is a

Professional Engineer & working as an Employee in some

Private company. My client Sh. Pawan Kumar Goyal is

well known to you since his birth through his father

only. You are mainly in Agricultural Farming as well as

you are doing as a Part-time works in Property Sell &

purchase business. During the month of June 2017, you

have visited the family of my client & approached &

requested the father of my client Sh. Jagdish Goyal,

that you are in dire need of some money about 05 to 06

Lac, as you have incurred a heavy loss in some Property

Deal with some client, in case you could not return his

signing amount, he would insult you as well as he may

file a criminal case against you. Further, you have

abetted my client that if his deal has failed then he

would invest the money of my client in the same

 business & my client would get three times return from

his money.

2. That the father of my client has expressed his

inability to give you a personal loan. The father of my

client has further told that the marriage of his

younger son has already fixed on 2nd July 2017. Due to

reason, he is not in position to spare money to help

him either for investment or personal requirement. You

have further pressurized to my client as well as his

father also. My client has again repeated the same. My

client has told that he would require money for his

marriage& he cannot spare money for your requirement.

Then you have pressurized the father of my client to

advance money 05.0 Lac from his sons for the sake of

your respect & social image in the society.

3. That after repeated requests & pressure created by you

on all the family Members, the father of my client has

agreed that he would request their sons Arun Kumar

Goyal & Pawan Kumar Goyal whether they are in position

to pay you as a personal & friendship loan without

charging any interest from you, but with the condition

 that you would certainly return the whole principle

amount in the month of December 2017.

4. That Client Pawan kumar Goyal & his elder brother Sh.

Arun Kumar Goyal both have agreed to advance you a

total sum of Rs. 4.75 Lac as per request of their

father & your family relationship. Since the elder

brother of my client Arun Kumar Goyal was also

contributing some money in the account No.008301042845

for the marriage of my client, whose marriage was fixed

on 02.07.2017. My client has withdrawn cash of Rs. 3.0

Lac on 06.06.2017 & Rs. 4.0 Lac on 13.06.2017 from his

SB Account No.008301042845 which is being maintained by

him in Sector-16, ICICI Branch Faridabad. The elder

brother of my client has given you a personal loan of

Rs. 2.50 Lac on 06.06.2017 at his residence in the

presence of his whole family Members. Further, my

client has given you a personal Loan on 13.06.2017 of

Rs. 2.25 Lac at his residence of my Client & rest of

withdrawal money has kept by my client for the marriage

purpose. To honor of your words, you have issued a Post

Dated cheque of Rs. 2.25 Lac in the name of my client

Sh. Pawan Kumar Goyal bearing No.085909 dated

 16.12.2017 drawn on Bank of India at Mohna Road,

Ballabgarh Branch. At the time of handing over this you

have assured my client in case he would in position to

repay the loan, he would pay cash earlier& would get

back his cheque. My client has trusted upon you.

5. That you have assured my client that the whole amount

would be refunded to him either in cash or through

cheque. Accordingly, you have attended the marriage of

younger brother of my client on 02.07.2017.

6. That my client along with his father has reminded you

on 20.11.2017 & requested you to refund his Loan amount

at your Mobile No.9582024610. Accordingly, you have

assured my client that both cheques bearing No. 085908

of Rs. 2.5 Lac dated 17.12.2017 & other cheque bearing

No. 085909 of Rs. 2.25 Lac dated 16.12.2017 drawn on

BOI, Ballabgarh would be encased. My client has again

contacted you on 15.12.2017 on your Mobile. You have

requested my client that you may please wait for a

month or two & you are arranging money. Further, you

have pressurized & contacted the father of my client to

wait for a month or two. My client has no option but

have to wait for a month or two. My client was in touch

 with you & you have assured my client on 31.01.2018

that you may present both the cheque no.085909 dated

16.12.2017 of Rs. 2.25 Lac& another cheque No.085908

dated 17.12.2017 of Rs. 2.5 Lac before your Bankers

&both the cheque would be honored& encased by his

Bankers i e Bank of India, Ballabgarh Branch.

7. That my client has presented cheque No.085909 dated

16.12.2017 before his Banker ICICI, Sector-16 Branch,

on 02.02.2018 but it was shocked to him that the said

cheque has been returned to him unpaid and it has

become bounced on 3.2.2018 due to the reason, “Funds

Insufficient”.

8. That my client& his father both have contacted you but

you have expressed your non awareness of bounce of the

matter as well as you were escaping to meet my client

Pawan Kumar Goyal & his father in person. Then my

client met you at your residence after getting a time

for meeting from you. You have informed my client that

you have withdrawn some cash from your account & you

will return whole debt loan in cash. You have requested

my client that he may wait for a couple of days either

you would be allowed to present the cheque no.085909

 dated 16.12.2017 of Rs.02.25 Lac or you will be paid

cash. You have also assured to my client that the

payment of other cheque would be released accordingly.

My client has no option but to trust upon you.

9. That my client has again contacted you on 26.02.2018 &

you have given your clearance & acceptance that the

said cheque no o85909 dated 16.12.2017 may be presented

before his Bankers. Accordingly, my client has

presented the cheque No. 085909 on 02.03.2018 of

Rs.2.25 Lac before his Bankers ICICI, Sector-16, Branch

Faridabad on 02.03.2018. But it was again disgraceful &

breach of Trust to my Client that the Cheque No.085909

dated 17.12.2017 of Rs.2.25 Lac has become bounced on

02.03.2018 & it was intimated to my client that,

“Kindly contact Drawer/Drawee Bank & present Again.”

Thus, you have committed an offence U/s 138 (b) of N.

I. Act 1881 as well as U/s 406 & 420 of IPC 1860. It is

to intimate that Bank has deducted their Bank charges

both the times.

10. That under these circumstances, I call upon you to

return the cheque of amount of Rs. 2.25 Lac (Two Lac &

Twenty Five Thousands only) & may discharge your Debt

 Liability against you. In addition, the Principal

amount of Rs. 2.25 Lac, you have to pay Legal

Consultation, Notice charges and interest on the

principle amount from the date of advance up to full

and final payment made by you to my client within 15

(Fifteen days) days after issuance this Legal Notice.

11. That my client is entitled in defraying the

expenses like Legal Expenses in the prosecution, Legal

Notice, etc. incurred by him as well as for his Losses,

Mental Agony, Physical Torture faced by him who was

caused by due to your actions. He is also entitled for

compensation U/s 357 of Cr. P. C. 1973. However, a sum

of Rs. 11,000/- has to be paid by you towards payment

of Legal Notice Charges to my client along with

Principle amount of Debt as well as other dues & up to

date interest.

12. That under these circumstances, I call upon you to

release the Principle cheque amount of Rs.02.25 Lac

against the Debt liability of Drawer (Two Lac Twenty

Five Thousands Only) of the aforesaid cheque No.085909

dated 16.12.2017 along with the Bank Charges for

dishonoring of the cheque and up to date interest @ 18%

 p.a. or @ 2% above on bank (BLR) prevailing at the time

of which is higher from the due to date there till the

actual payment with in a period of 15 (Fifteen days)

after issuance of this notice either through Demand

Draft or NEFT.

13. That your conduct and act is against to be

inculcating faith in the efficacy of Banking Operations

and creditability in transacting business and the

provision is designed to safeguard the faith of the

creditors in the drawer of the cheque. But this has

been violated through committing the offence U/s 138 of

N.I. Act 1881 as well as U/s 406, 420 & 468 of IPC

1860.

14. That please note in case of failure to comply with

the Notice, my client shall be constraint to take any

Legal action as per provision of Laws against you under

the various provisions of NI Act 1881 as amended up to

date & further read with U/s 406,420 & 468 of IPC at

your entire Cost, Responsibility and Consequences there

upon.

15. That through the Legal Notice, I call upon you to

make the payment on account of the Legal Consultation

 Charges and cost of the Legal Notice of INR 11000/- to

my client within 15 days after issuance of this Notice

along with his Principal amount of Debt and up to date

interest there upon.

16. That please notes that my client has Reserve its

Rights to take civil action through filling a Civil

Suit as well as Criminal Case or both against you for

recovery of the amount. In case, any legal proceedings

have been taken against you, then you will be entirely

held Responsible for any Cost, Consequences there upon.

17. That I once again request you that please note

that above content of the Notice and release the

payment of cheque amount of Rs.2, 25000/-(Rs. Two Lac,

Twenty Five Thousands Only) along with the interest @

18% p.a. and Legal Notice of Rs. 11000/- Fee& other

charges as mentioned above within 15 days after

issuance of this Legal Demand Notice either through

Demand Draft or NEFT.

18. That a copy of this Legal Demand Notice has been

retained by me in my office for Records and Ready

References.
Given under my Signature and Seal on the day of 21 st March

2018 at Faridabad. Please be notified accordingly.

Very truly yours,

V.K. Garg
(Counsel for & on behalf of my Client)