Adv.

Geetika Jain
B.A.LLB (GOLD MEDALIST) LL.M (SILVER MEDALIST)
Advocate, BOMBAY HIGH COURT
Mob: 9594460002
Mail to: geetika_jain2006@yahoo.co.in

DRAFT
BY Speed Post AD

B/237 10th February,2020

To,

1. S.N. Engitech Developers Pvt Ltd

D-60 Gali no 5, West,
Jyoti Shahdra Delhi DL
Delhi 110093.

2. S.N.Engitech Developers Pvt Ltd

B-724 , 1st Floor , Greenfield Colony ,
Near Gate no 4, Faridabad- 121006
Haryana.

3. Mr. Triloknath Pathak

Director,
House no 95 Ground floor
Back Indraprastha Colony
Sec 30-33 Faridabad 121001
Haryana.

4. Mr Deepak Pathak
Director,
House no 1043 Ward no 1
Gounchi, Ballabgarh
Faridabad 121005
Haryana.

Sub: Legal Notice u/s 138 of Negotiable Instruments Act under instructions of our
client Hindoostan Mills Ltd.

Dear Sirs,

Under instructions from our clients, Hindoostan Mills Ltd., (formerly known as

Hindoostan Spinning and Weaving Mills Limited) having their registered office at Sir

Vithaldas Chambers, 3rd floor, 16, Mumbai Samachar Marg, Mumbai-400001, we have to

address this notice to each of you as under:

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1. You are aware that our clients deal in the business of

manufacture and sale of Textiles primarily offering cotton woven and synthetic blended

fabrics.

2. You are aware that pursuant to purchase Orders placed by you

Addressee no 1, our clients had sold, supplied and delivered to you raw wools from time

to time as per the first Purchase order bearing no 2453 and second Purchase order bearing

no 5463 dated March, 2019.(Check for purchase orders) which were delivered at you

request to your factories at S.N Engitech Developers Pvt Ltd H.No 648 Basement Near

PWD Office Sec 16-A Faridabad 121002 Haryana and at S.N.Engitech Developers Pvt

Ltd B-724, 1st Floor , Green Field Colony , Near Gate no 4 Faridabad 121003 Haryana.

3. That the same were accepted by you, without raising any

dispute regarding the quality and or quantity of goods, and the same were as per your

requirements. Our clients had raised their invoices for payment to you aggregating to

Rs.6,50,000 /- (Rupees Six Lakhs Fifty Thousand Only) which were duly acknowledged

by you. Upon receiving the invoices you raised/issued several cheques dated 15 th

October,2019 & 2nd December,2019 amounting to Rs 2,50,000/- (Rupees Two Lakhs

Fifty Thousand Only) and undated cheques amounting to Rs 4,00,000/- (Rupees Four

Lakhs Only ) in respect of invoices raised by my clients. My client states that thus you

admitted the liability to pay my clients.

4. We are instructed to state that our clients had repeatedly

requested and demanded to you to pay the balance dues under the aforesaid invoices/bills

by having various telephonic conversations. You have failed to respond to the same and

neglected to pay the said dues of Rs. 6,50,000/-- (Rupees Six Lakhs Fifty Thousand

Only) with interest accrued thereon to our client. From this conduct of yours, it appears to

our client that you do not have any honest intention to make the payment of the aforesaid
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dues to our clients but are only delaying the payments with an oblique purpose. You have

acknowledged your liability by issuing cheques to our client.

5. Our clients state that you were aware that our clients shall

present the following three cheques issued by you to our clients towards the said payment

of the bills/invoices raised.

Sr.No. Cheque No. Date Amount Drawn on

1 74377 15-10-2019 1,50,000/- Corporation Bank

2. 74380 2-12-2019 1,00,000/- ----do---------

3. 74379 2,00,000/- ---do------

4. 74378 2,00,000/- ----do-----

TOTAL 6,50,000/-

6. Our clients state that they presented the aforesaid four cheques

with their Bank, HDFC Bank , Fort Branch, Mumbai on 1 st December,2019 and 6th

February,2020 And To our clients’ utter shock and surprise the said cheque were

dishonored and returned unpaid by your Banks with return memo dated 12 th

January,2020 with the endorsement as “Insufficient funds”. The said intimation of

dishonor of the aforesaid cheques were received by our clients from their Bank vide debit

advice dated 12th January,2020.

7. The aforesaid act of yours clearly shows your dishonest

intention to cheat our client by issuing the aforesaid three cheques and by giving false

assurance knowing fully well that the said cheques will not be honored at the time of its

presentation for payment. By the aforesaid act of yours, you have made wrongful gain,

which resulted in wrongful loss to our Client and therefore you are liable to be prosecuted

for the offence of cheating as provided under Section 420 of the Indian Penal Code also.
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8. Our clients state that the aforesaid cheques were dishonored

and returned unpaid as you did not maintain sufficient funds in your Bank account. You

are aware that under the Negotiable Instruments Act 1881 (as amended upto date) if the

cheque is issued in payment of a debt or other liability is returned unpaid, it is a criminal

offence under Section 138 of the Negotiable Instruments Act 1881 (as amended upto

date) and is also punishable under the said Act.

9. In the aforesaid circumstances, our clients have therefore

instructed us to call upon you, which we hereby do to pay to our clients the aforesaid sum

of Rs.6,50,000/- (Rupees Six Lakh fifty thousand only) being the aggregate amount of

four dishonored cheques alongwith interest at the agreed rate of 12 % p.a. from the date

of dishonor of the said three cheques within 15 days of receipt of this notice by you,

failing which we have been peremptorily instructed by our clients to file a criminal

complaint against you.

10. No further notice will be given to you in this matter of

returning of the aforesaid cheques unpaid and the criminal complaint will be filed on the

expiry of the statutory period of 15 days which shall entirely be at your sole risks as to

costs and consequences thereof which you please note.

11. You are required to construe this notice as given to you under

Section 138 (b) of the Negotiable Instruments Act 1881 (as amended upto date).

12. Please treat this notice as a final intimation.

Yours faithfully,
Geetika Jain

Advocate

C.C.
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M/s. Hindoostan Mills Limited.

Mumbai.