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To,

Chetan Traders 22nd July, 2022


Through its Proprietor
Sh. Rajesh Bharadwaj
S/o Hanuman_____
81 Block L Extn, Mohan Garden
Near Som Bazar Chowk
Uttam Nagar, New Delhi-110059

NOTICE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT

Dear Sir,
Under instructions for and on behalf of my client, Sh. Dilbag Singh, S/o Late Hari Singh
residence of A-204, Gali No-29A, Main Bharat Vihar Road, Rajapuri, Uttam Nagar, New
Delhi-110059 do hereby serve you the following notice:-

1. That my client is carrying out the business of cement and various allied products to
his customers and you the noticee is carrying the same nature of business and are
known to my client since long, having friendly and cordial relations with my client.

2. That in the month of February i.e. on 16 th February,2022 you approached my client and
had purchased bags of cements amounting to Rs.____from my client which were duly received
by you. As at that time you were short in money and had assured my client that the said
amount will be repaid within a week.

3. That my client approached you at various occasions to repay the amount, but the same
was not done. However, on 11th April, 2022 my client went to your office and you the
noticee out of the above said liability have paid the amount of Rs. _____(Rupees only)
and promised to pay the remaining liability of Rs. 83,250/- (Rupees Eighty Three
thousand Two Hundred and Fifty only) through cheques and in the respect to
discharge your remaining liability, you have issued two cheques bearing no.
000122 and 000120 vide dated 11.04.2022 each of amount Rs.41, 625. Both the se
cheques were drawn on AU Small Finance Bank, Plot No. 26, Pocket E2, Sector 7, Rohini Branch,
New Delhi- 110085 in favor of my client with the assurance that same would be honoured
on presentation.

4. That on your assurance and directions my client presented the said two cheques bearing
no.000122, and 000120 for encashment through his banker namely Bank Of
Maharashtra, Dwarka, Sector-11, New Delhi-110075 on 13th April, 2022 but to the
utter shock and surprise of my client that the said cheques were returned dishonoured
vide memo dated 13.04.2022 of bank for the reasons “Account Closed”.
5. That on your assurance and trust, my client again presented the said two cheques
bearing no.000122, and 000120 for encashment on 22-06-2022 through his banker
namely Bank Of Maharashtra, Dwarka, Sector-11, New Delhi-110075 but it was again
returned dishonoured vide memo dated 22.06.2022 of your bank for the same reasons
“Account Closed”.

6. That even after dishonouring of the said cheques, my client contacted you and
appraised the fate of cheques, and requested you to pay the cheques amount towards
the remaining liability but you the noticee did not pay any heed to the requests and put
off the matter on one pretext or other. It is crystal clear that you have no intentions to
make the payment in lieu of dishonored cheques.

7. That by getting the aforesaid cheques dishonored, you have cheated and defrauded my
client by issuing the cheques in question knowing fully well that the same shall not be
honoured on its presentation and as such, you have committed an offence U/S 138 of
N.I. Act read with Section 420 IPC, besides the offences of cheating, breach of trust for
which my client is taking separate legal action.

8. By virtue of this notice, I call upon you to pay a sum of Rs. 83,250 (Rupees Eighty
Three Thousand Two Hundred Fifty Only) to my client towards amount of aforesaid
cheques within 15 days from the receipt of this notice, failing/ or neglecting to which
my client shall constrained to initiate legal proceedings against you under Section 138
of Negotiable Instrument Act in the competent court of law entirely at your cost, risk
and consequence. You are also called upon to pay a sum of Rs. 11,000/- towards the
present notice.

Copy kept in my office for further reference and action.

(Advocate)

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