Mob.

9029675707

ADV.SANKET SANJAY KADAM

B.L.S. LL.B.

Shop No. 114, 1st Floor, Municipal Shopping Complex, Panvel-

410206

Date: 24.01.2020

Ref No: Regd. A.D.

To,

Mr. M.G. Sadashivan

Office at: Shop No. B/110, 1st floor,
Nerul Railway station complex,
Nerul, Navi Mumbai 400706.

Sub: Legal notice under Section 138 of the

Negotiable Instruments Act for dishonour of
Cheque.

Dear Sir,

Under instructions and authority from my client Mr.

Shankarlal Choudhary, partner of Bhagyalaxmi
Developers, Kharghar (hereinafter called as my ‘Client’), I
do hereby serve upon you the following notice of demand
under Section 138 of the Negotiable Instruments Act,
1881:

1. My client states that, On 5th of October, 2015 a

Memorandum of Understanding agreement related to
development of a plot, was made between my client
and you the notice. As my client was very much
 interested in the project and showed his willingness
to pay the amount which is as mentioned in the
agreement. But afterwards my client found that as
per your assurance the said project could not work
further. My client got disturbed when he asked about
your assurance; you the noticee failed to give
satisfactory answers to my client and kept delaying
the same. Whereby my client suffered heavy loss.

2. My client states that, an another agreement was

made between my client and you on 15 th July 2019
as you failed to comply with the prior MOU within
stipulated time and therefore it was decided to
terminate the prior MOU agreement to avoid
unnecessary legal complications as well as to
maintain cordial relation. Where it was agreed
between my client and you with other terms that you
will pay to my client a sum of Rs. 8,00,000/- (Rupees
Eight Lakhs) as an compensation towards the loss
occurred to him.

3. As per the conditions of the agreement two cheques

were given by you to my client in order to discharge
your partial liability. One cheque bearing 053677 of
Rs. 400000/- was cancelled by you and you gave
cheques of Rs. 4,00,000/- (Rupees Four Lakhs) each
of dated 30/12/2019 vide cheque no. 053678 and
of 15/11/2019 vide cheque no. 053679 of bank
named The Federal Bank Limited of Nerul branch to
my client. At the time of issuing these cheques you
 assured my client that the same is good for value and
will be honoured as and when presented in the bank.

4. That when the aforesaid cheques, cheque bearing no.

053679 and 053678 were presented for encashment
by my client to his banker i.e. Union Bank of India,
the same was returned unpaid by the Banker with
remarks/reasons "Funds Insufficient" vide its
memo dated 26.12.2019 and 13.01.2020
respectively. This fact was brought to your notice by
my client through a telephonic call.

5. That despite a number of telephonic reminders, you

considerably have failed to make the payment due to
my client and did not accede to the genuine request
of my client. Furthermore, you started to put the
matter off and on, on the one pretext or the other.

6. That you have considerably failed to comply with the

provisions of the law and had also failed to discharge
your liability from your account. Thus, you have
issued a cheque which is bad for value and thereafter
had got the same dishonoured intentionally and
willfully.

7. That from your behaviour, it appears about your

wicked intentions, when you issued the said cheque
for the amount which you did not have in your
account and since you knew it very well, you have
tried to commit not only a civil breach but also a
 criminal offence within the provision, meaning and
interpretation of civil as well as criminal law.

8. That since the said cheques have been dishonoured

for the reasons of “Insufficiency of funds” you may be
held liable civilly as well as criminally particularly
under section 420 of the Indian Penal Code, section
138 of the Negotiable Instruments Act and provisions
of the Code of the Civil Procedure.

9. That on account of the above facts, you are liable to

be prosecuted under section 138 of the Negotiable
Instrument Act, 1881 as amended up to date under
which you are liable to be punished with
imprisonment which may extend to two years or with
fine which may extend to twice the amount of cheque
or with both.

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

make the payment of Rs. 8,00,000/- Rupees being
the principal amount of the aforesaid two cheques,
the charges for dishonour of cheque, along with
future interest @ 15% p.a. from the date of notice till
actual realization of the said amount, together with
notice fee of Rs. 10,000/- to my client either in cash
or by demand draft or Cheque which ever mode suits
you better, within a period of 15 (fifteen) days from
the date of receipt of this notice, failing which my
client will be bound to take further necessary action
under the provisions of Negotiable Instrument Act,
 1881 against you in the competent court of law at
your risk and cost.

A copy of this Notice has been preserved in my office

for record and future course of action.

Date: 24.01.2020
Place: Panvel Adv. Sanket Sanjay Kadam

Mr. Shankarlal Choudhary

(My Client)

(I have read and understood all the

contents mentioned in the said notice.
I agree with the contents hence
I have signed it.)