Office Add.

ANIL D. MHALASKAR. Office No.1, Union Park Building,

Advocate, High Court. Sundar
Date:Baug Colony, Dapodi,
25/01/2024.
Pune - 411012.

Mob. 8888306306

Date – 29/01/2024.

STATUTORY NOTICE
(R.P.A.D.)

To,

VENKATESH DEVELOPERS,
Through its Proprietor – Mr. Rakesh Devram Tiwari.
Jai Ganesha Vision, World of Mother,
A Wing 116, Akurdi, Tal. Haveli,
Dist. Pune.

Sir,

Under instructions from my client Mr. Akshay Avinash

Adhav Residing at - In front of Shivaji Vidyalaya, Dehuroad, Tal.
Haveli, Dist. Pune, I have to inform you by this statutory notice
as under:

1) That my client came to know that you are doing land buying and
selling business in the name of Venkatesh Developers. My client
contacted you as he wanted to buy land property. You have
asked and also suggested my client to purchase the below
mentioned plot property owned by you.

Description of the property –

(1)
 All that piece and parcel of land situate within the Registration
Division & District Pune, Sub-Division & Taluka Maval, within
the local limits of the Pune Zilla Parishad and Panchayat Samiti
of Tal-Vadgaon Maval, revenue village post-Gahunje, bearing Sr.
no. 171, Plot no.4 out of your share admeasuring 1800 sq.ft.
open plot area or thereabouts, and bounded by as follows:

 On or towards the East– Road admeasuring 20 ft.

 On or towards the South – Gahunje Stadium.

 On or towards the West – Plot no. 3 of Sr. no. 171.

 On or towards the North – Road admeasuring 15 ft.

2) That my client has agreed to purchase the above-mentioned plot

property. Therefore, my client has entered into agreement to
purchase of plot agreement (विसार पावती) on 14th June 2018 with
you of above-mentioned land property. The said agreement is
registered with Notary at serial no. 1023/2018 on 14th June
2018. That you were the owner of the said property. That the
total consideration was Rs.18,00,000/- (Eighteen Lakh rupees
only). At the time of making an agreement my client had paid
Rs.3,00,000/- through bearer cheque of joint account of my
client’s parent bearing no. 037532, dt. 25/06/2018 drawn on
Seva Vikas Co-operative Bank, Dehuroad branch, Pune. It has
been mentioned in the said agreement. That my client has paid
total amount of Rs.11,00,000/- (Eleven Lakh Rupees Only) till
the date. Following are the details of the payment –

Sr. n Date of Payment Amount Mode of Payment

1. 14/06/2018 3,00,000/- Bearer Cheque no. 037532, dt. 25/06/2018
Drawn on Seva Vikas Co-op. Bank,
(2)
 Dehuroad Branch.
2. March 2020 12,000/- In Cash
3. 21/08/2020 13,000/- In Cash
4. 01/09/2020 25,000/- In Cash
5. October 2020 20,000/- In Cash
6. 09/11/2020 50,000/- Through Bearer Cheque
7. 28/11/2020 30,000/- In Cash
8. 10/12/2020 50,000/- In Cash
9. 11/01/2021 10,000/- In Cash
10. 23/01/2021 20,000/- Through Online Banking
11. 16/09/2021 20,000/- In Cash
12. 06/12/2021 50,000/- Through Online Banking
13. January 2022 to 5,00,000/- Paid to you in Cash from time to time in
November 2023 every month.
Total 11,00,000/- Paid to you till date.

3) That the possession of the said plot is not been given to my

client on 14/01/2018 and my client had accepted it in that
condition. It is mentioned in the Vissar Receipt that the
possession of the plot will be given only after paying the full
amount as agreed. My client has paid you Rs.11 lakhs out of
Rs.18 lakhs till date. After that, my client after thorough inquiry
regarding the said plot, he came to know shockingly that you are
not the owner of the above-mentioned plot property. It has been
pointed out that you have deceived my client. My client then
contacted you and asked you to account for the said fraud and
asked you to refund the total amount Rs.11,00,000/- paid for
the said transaction. As you pleaded not to file a police
complaint against you, my client took pity on you and did not file
a police complaint.

4) Thereafter, my client had requested you to pay back the above

amount. You had informed my client that you were in financial
(3)
 difficulty and so you are requiring certain time to repayment of
amount of Rs. 11,00,000/-. Thereafter, after regular follow up
you had given two cheques to my client bearing cheque
no.000288 dated 23/12/2023 for the sum of Rs.6,00,000/- (Six
Lakh Rupees Only) and another cheque bearing no.000016
dated 11/01/2024 for the sum of Rs. 5,00,000/- (Five Lakh
Rupees Only) two checks amounting to Rs. 5,00,000/- (Five
Lakhs) drawn on HDFC Bank, Dehuroad Branch, Pune.

5) The above said cheque bearing no.000288 dated 23/12/2023 of

Rs. 6,00,000/- was deposited by my client in his bank account
bearing no. 060210110016818 of the Bank Of India, Dehuroad
branch, Pune. But the said Cheque was dishonored by your
bank on 24/12/2023 with reasons “Funds insufficient”.
Thereafter, my client had informed you about it. You were in
financial difficulty and so you had informed my client to deposit
the cheque once again on 11/01/2024 along with another
cheque bearing no. 000016 of amount of Rs. 5,00,000/- dated
11/01/2024. As per your assurance, once again my client had
deposited the both cheques bearing nos. 000288 and 000016 in
his bank and the same was dishonored with remark "FUNDS
INSUFICENT" on 12/01/2024 by your bank.

6) My client submits that, the cheques given by you were in

discharge of legal liability for the amount which you had already
received from my client and you were legally bound to honour
the said Cheques. My client submits that as you have
dishonored the cheques you thereby have committed offence
u/s. 138 of N.I. Act and so my client is constrained to send this
statutory notice u/s 138 of N.I. Act.

(4)
7) Under such circumstances my client has instructed me to inform
you that you shall make the payment of Cheque bearing No.
000288 dated 23/12/2023 for amount of Rs. 6,00,000/- and
Cheque bearing no. 000016 dated 11/01/2024 drawn on HDFC
Bank, Dehuroad branch, Pune for amount of Rs. 5,00,000/-
within 15 days from the day you receive this notice. If you fail to
do so, my client shall be constrained to take necessary legal
action for recovery of the said amount by filing criminal case
against you u/s. 138 of N.I. Act, and also Criminal case for
cheating and fraud of the said amount and in that event, you
shall be responsible for cost and consequences which please
note.

8) Charges of this Notice Rs.25,000/- is kept on you, which please

note.

PLACE - PUNE.
DATE - 29/01/2024 Through -
ADV. ANIL D. MHALASKAR.
High Court, Bombay.

(5)