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Regd.

-AD
G&C/LN/NIA/2018/0129 without Prejudice

20.03.2018
Sh. Narinder Singh
S/o Ram Singh,
Village Deeg, PO Fathepur Biloch,
Tehsil Ballabgarh
District- Faridabad (HR).
Mobile 9582024610

Sub: Legal Demand Notice against Bounce Cheque No. 085908


dated 17.12.2017 of Rs. 2, 50000/- (Rs. Two Lac Fifty
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. Arun Kumar Goyal S/o Jagdish Goyal Resident of

H .No MCF 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 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 in some Private

company. My client Sh. Arun Kumar Goyal is very 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 & he may file a

criminal case against you. Further, you have abetted my

client & his father 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 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 in the month 2nd July

2017. Due to reason, he is not in position to spare

money to help you 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 the marriage of his younger brother,

though he has some money in the saving bank account of

his younger brother but he cannot spare money for your

requirement. Then you have pressurized the father of my

client to advance money 05.0 Lac form 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 Arun kumar Goyal & his younger brother both

have agreed to advance you a total sum of Rs. 4.75 Lac

as per request of their father & your family

relationship. Since my client Arun Kumar Goyal is also

contributing some money to the account No.008301042845

of his younger brother for his marriage which is fixed

on 02.07.2017. My client has requested his younger

brother to withdraw cash of Rs. 3.0 on 06.06.2017 & 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, to honor of your words,

you have issued a Post Dated cheque of Rs. 2.50 Lac in

the name of my client Sh. Arun Kumar Goyal bearing

No.085908 dated 17.12.2017 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

be in position to repay the loan earlier, he would pay

cash & 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 has reminded you on 20.11.2017 &

requested you to refund his Loan amount at your Mobile

No.9582024610. Accordingly, you have assured that the

due amount of Rs. 2.50 Lac has already been paid by him

& the said cheque would be encased. My client & his

father has again contacted you on 15.12.2017 on your

Mobile. You have requested to my client & his father

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 & his father both were in touch

with you & assured my client on 31.01.2018 that you may

present the cheque no.085908 dated 17.12.2018 of Rs.

2.5 Lac before your Bankers & cheque would be honored

by his Bankers i e Bank of India, Ballabgarh Branch.

7. That my client has presented cheque No.085908 dated

17.12.2017 before his Banker ICICI, Ballabgarh 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 about any

bouncing of cheque, as well as you were escaping to

meet my client & 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 & his father that he may wait for a couple of

days either you would be allowed to present the cheque

or you would be paid cash. 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 o85908 may be presented before his

Bankers. Accordingly, my client has presented the

cheque No. 085908 on 02.03.2018 before his Bankers

ICICI Ballabgarh Branch on 02.03.2018. But it was again


disgraceful & breach of Trust to my Client that the

Cheque No.085908 dated 17.12.2017 of Rs. 2.5 Lac has

become bounced again 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. 2.50 Lac (Two Lac &

Fifty Thousands only) & may discharge your Debt

Liability through return the cheque amount which is

pending against you. In addition, the Principal amount

of Rs. 2.5 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 amount of Rs.02.5 Lac against the

Debt liability of Drawer (Two Lac Fifty Thousands Only)

of the aforesaid cheque 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, 50000/-(Rs. Two Lac

Fifty 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 20 thMarch

2018 at Faridabad. Please be notified accordingly.

Very truly yours,

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

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