Akansha Rukhaiyar

20151324

Registered A.D

Date – 15th July, 2018

To,

Mr. Mukesh Kumar

Akbar Road,
Delhi – 246763

Anil Anand
Lodhi Road,
Delhi - 246763

Re: Legal Notice regarding violation of S. 138 of the Negotiable Instrument Act, 1881

Sir,

On instructions from and on behalf of our Client Arya Singh, r/o Sector 19 Noida, Uttar Pradesh
we are serving you the following notice:

1. That our Client, being the Owner of Happy Travels, located at S.29 Noida, Uttar Pradesh,
with an intend to sell the business, was approached by you Mr. Mukesh Kumar for a total
consideration of Rs. 19,00,000/- (Rupees Nineteen Lakhs) for buying the business
An agreement to this effect was signed and executed between our Client and you on 6 th
July, 2018.

2. That as per the Sale Agreement, you agreed to purchasing, free from all liabilities and
encumbrances, the goodwill of the business, as well as the premises of the business.
 Akansha Rukhaiyar
20151324

3. That additionally, the following payment timeline was incorporated in the said Sale
Agreement:

a. Part payment of sum Rs. 10,00,000 (Rupees Ten Lakhs) via RTGS by 7th July 2018
b. Part payment of sum Rs. 5,00,000 (Rupees Five Lakhs) via cheque addressed to the
Client’s business by 10th July 2018
c. Part payment of sum Rs. 2,00,000 (Rupees Two Lakhs) via cheque addressed to the
Client’s business by 25th July 2018
d. Part payment of sum Rs. 2,00,000 (Rupees Two Lakhs) via cheque addressed to the
Client’s business by 15th August 2018

4. That in furtherance of this payment plan, you successfully paid the first instalment of Rs.
10,00,000 (Rupees Ten Lakhs) via RTGS, and sent a confirmation with the following
details –
Date of Transfer – 7th July 2018
Amount of Transaction – Rs. 10,000
UTR Number – OTHR| SCBLR12345678
Name of Account Holder – Mukesh Kumar

5. That on 10th July, 2018, our Client was presented with a cheque of Rs. 5,00,000 (Rupees
Five Lakhs) with cheque number 401801 drawn on State Bank of India addressed to our
Client’s business as per the second instalment of the payment plan reproduced in Para 3.
When our Client produced the said cheque to HDFC Bank, Sector 29 Noida Uttar Pradesh
– 201301 for encashment on 11th July 2018, the said cheque was dishonored on account of
‘insufficient Funds’ vide return memo dated 12th July,2018.

6. That our client, since receiving the return memo dated 12th July 2018, has sent you several
reminders and requests, both via email and texts, regarding this failed payment of Rs.
2,00,000 (Rupees Two Lakhs), which is the second instalment of the payment plan.
However, you have failed to repay our client for the business and have hence violated a
 Akansha Rukhaiyar
20151324

covenant of the Sales Agreement between our client and you. With no rectification of this
on your behalf despite repeated reminders, it is clear that you, with malafide intention,
issued the aforesaid cheque with the knowledge that it was bound to be dishonored on
account of ‘Insufficient Funds’ in your bank account.

7. That it is crucial to reiterate that the payment plan was mutually agreed upon and a
violation of the same has prompted our client to resort to legal recourse and serve you
with the present legal notice.

In view of the circumstances mentioned above, we have been instructed by our client to serve you
this notice so that you honor your obligation by making full payment of Rs. 2,00,000 (Rupees Two
Lakhs) along with 15% interest and legal fees of Rs. 15,000 (Rupees Fifteen Thousand) for filing
this legal notice, within 10 (Ten) days of the receipt of this notice by you.

If you fail to do so, our client shall be constrained to take legal action against you as per S.138 of
the Negotiable Instrument Act 1881 by filing a complaint for the recovery of this amount. As per
the amendment u/s 143A of the Act, interim compensation not exceeding 20% of the cheque
amount can be mandated to be paid to our client in case you do not plead guilty before the Hon’ble
Court and this interim compensation needs to be paid within a period of 60 (sixty) days from the
date of the order and can be recovered as per S.421 of the Code of Criminal Procedure.

It is therefore advised that you settle the manner to avoid further legal action by our client and
make full payment of Rs. 2,00,000 (Rupees Two Lakhs) along with the interest and legal fees as
stipulated above.

A copy of this notice has been retained in our office for future reference and further action if so
required.
Yours sincerely,
Dwight Schrute
(Partner)
Schrute Associates