Regd.

-AD
G&C/LN/NIA/2018/0129 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. 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

House 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

with your pre- plan conspiracy that you are in dire

need of some money about 05 to 06 Lac, as you have

incurred a heavy loss in some Property Dealing with

some client, in case you could not return his signing

amount then he would insult you. Further, he may file a

criminal case against you. 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 my Client Arun kumar Goyal & his younger brother

Sh. Pawan 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 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 Lac 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 & his father both have

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 & asked 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 thisLegal 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 ThousandsOnly)

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 21 st March

2018 at Faridabad. Please be notified accordingly.

Very truly yours,

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