Ankit Kumar Lohan Mob: +91-9560237069

Advocate Off: K-1, KL Sharma Block

Supreme Court of India Tis Hazari Court, Delhi-54
Email: ankit.lohan00@gmailcom
[BY POST/COURIER/EMAIL]
Dated: 07.01.2024
To,
Sh. Ajay S/o Sh. Umed
Village- Faridpur, PO- Mehchana
Dist.- Pataudi, Haryana-122504

Subject: Legal cum Demand Notice

Sir,

Under instructions from and on behalf of our client Leela Ram R/o- (“Our
Client”), we serve upon you this Legal cum Demand Notice and state as under:

1. That the Father of you the above addressee and the Father of our client both
used to work in MCD and having known each other for such a long time,
the relationship grew over time between them and their families.

2. That you the above addressee asked our client for a friendly loan for the
construction of his house and considering the relationship between both
families, dire need of money and upon believing the inducement and
insurance given to our client that you will repay the amount soon, our client
gave you the amount in the presence of Sh. Rajbir and Sh. Manoj. Also, you
the above addressee, gave in writing to our client that you will repay the
amount of Rs. 5,14,000/- and the same was also reduced to writing before
the two witnesses.

3. That in August 2023 our client asked for the amount that he gave to you, for
which you the above addressee issued a security cheque bearing no.
“206062” dated 27.08.2023 for Rs. 5,14,000/- (Rupees Five lacs fourteen
Ankit Kumar Lohan Mob: +91-9560237069
Advocate Off: K-1, KL Sharma Block
Supreme Court of India Tis Hazari Court, Delhi-54
Email: ankit.lohan00@gmailcom
thousand) drawn on Indian Overseas Bank, Nehru Market, Rajouri Garden,
New Delhi-110027, to discharge your legal liability towards our client.

4. That at the time of issuance of said cheque, you the above addressee assured
our client that the said cheque shall be duly honoured on its presentation
with the bank and on your assurance our client received and accepted the
said cheque and presented the same before his banker “BANK OF INDIA”.
But to the utter surprise of our client, the said cheque was dishonoured by
the bank with the remark “FUNDS INSUFFICIENT” vide return memo
dated 21.10.2023.

5. That this fact about the dishonor of the said cheque was immediately
conveyed to you the above addressee by our client and seek an explanation
regarding the same. You the above addressee conveyed to our client that you
had some financial difficulty at the time of the presentation of the cheque
and had specifically assured the Complainant that said cheque would be
cleared positively on its representation and further you the above addressee
requested our client to present the subject cheque on 27.12.2023. After
specific assurance given by the Accused and believing upon the same the
Complainant presented the subject cheque bearing no. “206062” dated
27.09.2023 to his banker for the amount of Rs. 5,14,000/- (Rupees Five lacs
fourteen thousand) drawn on “Indian Overseas Bank, Nehru Market,
Rajouri Garden, New Delhi-110027”. however, our client was stunned
when the said cheque was returned unpaid to our client by his banker with
the remarks of “INSTRUMENT OUTDATED”.

6. That after dishonouring the above-mentioned cheques our client tried to

contact you the above addressee but despite several telephonic calls and
Ankit Kumar Lohan Mob: +91-9560237069
Advocate Off: K-1, KL Sharma Block
Supreme Court of India Tis Hazari Court, Delhi-54
Email: ankit.lohan00@gmailcom
reminders, you the above addressee have failed to make the payment due to
our client and didn’t accede to the genuine request of our client.

7. That you the above addressee is deliberately and intentionally avoided

confrontation with our client and now it seems that you the above addressee
have turned dishonest and gained time on misrepresentation on one occasion
to another.

8. That the above-mentioned facts make it abundantly clear that you failed to
comply with the provisions of law and had also failed to discharge your
liability from your account and you have mischievously and intentionally
issued the aforesaid cheques with ulterior design and motive and gave our
client all sort of mental pain, agony and suffering.

9. That on account of the abovementioned wrongful conduct, behaviour and

treatment of you the above addressee meted to our client, you are liable to
be prosecuted under section 138 of the Negotiable Instruments 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 cheques or with both. Apart from that you are
also liable to be prosecuted under section 420 of Indian Penal Code, 1860.

10. That the aforesaid cheque dated 27.09.2023 was presented by our client and
he received the same vide “dishonor of cheque” memo on 21.10.2023 &
27.12.2023 and the present notice is given to you within the stipulated 30
days from the receipt of the aforesaid “dishonoured cheque memo”.
Ankit Kumar Lohan Mob: +91-9560237069
Advocate Off: K-1, KL Sharma Block
Supreme Court of India Tis Hazari Court, Delhi-54
Email: ankit.lohan00@gmailcom
That under these circumstances, I, therefore, call upon you with this legal
notice to make the payment of Rs. 5,14,000/- (Rupees Five lacs fourteen
thousand) being the principal amount of the aforesaid cheques either in cash or
Demand draft, whichever mode of payment suits you better, within 15 days of
receipt of the present legal notice, failing which, I have definite instructions
from our client to take necessary action against you in the competent court of
law under the provisions of Negotiable Instruments Act, 1881 or to take
recourse of civil or criminal proceedings and in that event, you shall be liable
for all the costs and consequences resulting therefrom, which you please note.
You are further directed to pay a sum of Rs. 5,000/- towards the cost of
this legal notice which our client has overburdened on account of your non-
fulfilment of promise.
Copy retained for further reference.

Ankit Kumar Lohan/Vinod Kumar

Advocate