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LEGAL NOTICE U/S.

138 OF THE NEGOTIABLE INSTRUMENTS


ACT,1881

REGISTERED A.D.

Date: 01.02.2023

FROM,

XYZ

Advocate

TO,

Ms.Sakshi

P-334, Mellow Road,

Delhi-11001

ALSO AT:

H.No. 909,

Maha Bhavani Nagar,

Indore-451010

SUBJECT : Legal Demand Notice under Section 138 of The Negotiable


Instruments Act, 1881 for dishonor of Cheque.
Madam,

Under the instruction from and on behalf of our client Mr. Vijayshree Mehta residing at 124/5
Lodhi Road, Delhi-110001. We do hereby serve you the legal notice with the following
particulars:

1. That our client and you entered into a leave and licence agreement dated 14.02.2019 for a
period of 2 years for the ground floor shop C-442/32, Hauz Khas, Near Gulmohar Park, New
Delhi-110016 in order to set up your cake business.

2. That you had agreed with our client to pay the rent of Rs. 22,000/- per month between the 11th
and 15th day of every month either by Cash or Cheque.

3. That you took possession of our clients property on 20.02.2019 and thereafter named it as
“Mellow Cafe”.

4. That our client states that due to your insufficiency to pay the rent because of decline in your
cake business, you requested to our client to grant some time so that you could pay the rent.

5. That our client states that he granted you 3 months to make rent payment from September to
November 2019.

6. That our client states that on 11th December, 2019 you had arranged some money to pay the
due rent by means of Cheque and accordingly issued a Cheque Number: 002366, HDFC Bank
Sector-14 Gurgaon Branch dated 25.12.2022. For a sum of Rs.61,319/- (Rupees Sixty One
Thousand Three Hundreed Ninteen Only).

7. That the said cheque was presented by our client at SBI Bank, Hauz Khas Branch for credit in
his account on 28.12.2022, but it bounced due to insufficient funds vide letter dated 03.01.2023.

8. That our client hereinafter contacted you several times my means of calls and texts, but was
being ignored and also visited to your temporary residence which he found locked.

9. That it appears that in order to cheat and defraud our client and without any intension on your
part to pay my client you had deliberately and intentionally issued the aforesaid Cheque,
knowlingly that it was bound to be dishonoured, on account of “Insufficient funds” in your Bank
Account.

10. That your said act and conduct rendered yourself liable to be dealt with under the provisions
of Section 138 of The Negotiable Instruments Act, 1881, besides rendering yourself liable to
be punished for the offence under Section 406 of IPC.

By means of this legal notice, We hereby call upon you, to pay the cheque amount of
Rs.61,319/- (Rupees Sixty One Thousand Three Hundreed Ninteen Only) to my client within 15
days from the date of receipt of this notice, failing which We have clear instruction from our
client to take appropriate legal action against you in the competent Court of Law at your risks,
costs and consequences.

A copy of this will be kept in our office for records or for further references.

With Best Regards,

Through Counsel,

(XYZ)
Advocate

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