Professional Documents
Culture Documents
2024
Under the instructions and authority from and on behalf of Mr. Abhinav Sharma
s/o Monaj Sharma, having its resident at- House No. 456, Dwarka, Delhi, I hereby
serve upon you the following notice: –
Sir,
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6. That you abovesaid addressee, when approached by my client after expiry of
said period, in discharge of your legal liability and against the outstanding amount,
you abovesaid addressee issued a Cheque bearing no. 00987 dated 28.3.2024 for a
sum of Rs. 5,00,000/- (Rupees Five Lakhs only) and the cheque was drawn of
Central Bank of India, Rohini Branch, Delhi in favour of my client.
7. That at the time of issuance of said cheque you abovesaid addressee assured my
client that same will be honored at the time of its encashment.
8. That my client presented the cheque bearing no.00987, which was given by you
abovesaid addressee in discharge of your liability, in his bank account HDFC
Bank. Branch: Rohini, Delhi on 01.04.2024 and the same has been returned unpaid
by the Drawee Bank on 01.04.2024 with remark " Funds Insufficient".
9. That after dishonoring of the aforesaid cheque, my client immediately contacted
you abovesaid addressee and informed about dishonoring of the cheque and you
abovesaid addressee were subsequently reminded to clear all the remaining dues
but you abovesaid addressee did not pay any heed towards the legitimate demands
of my client and provided no response to my client.
10. That from your aforementioned acts and conduct it is evident that your
intention was malafide at the time of receiving the money by my client and you
abovesaid addressee never intended to make payment of dues pending against you
abovesaid addressee to my client and thus you abovesaid addressee have
committed fraud with my client.
11. That you abovesaid addressee have been resorting to unwarranted, unlawful
and underserving acts to have unlawful gains to yourself and cause wrongful losses
to my client which no law permits and it is apparent that you above said addressee
are still not making any payment of outstanding amount dues till date to my client.
12. That you above said addressee committed an offence punishable under Section
138 of Negotiable Instrument Act 1881 with the intention to grab the outstanding
amount pending against you above said addressee given of my client as a friendly
loan.
Thus, it is crystal clear that you have no bonafide intention to make the payment of
the aforementioned outstanding amount nor you have made any efforts to make the
aforementioned payment to my client. However, my client is giving you abovesaid
addressee one more opportunity through this legal notice to honour your
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commitment and pay the aforementioned outstanding amount. Hence, my client is
constrained to get the instant legal notice issued.
I, thus through this legal notice, call upon you abovesaid addressee to pay a sum of
Rs. 5,00,000/- (Rupees Five Lakhs only) i.e. the cheque amount along with interest
@ 24% per annum from the date of expiry of the loan period of my client till its
realization and also the Rs. 5,500/- as charges of this legal notice, within 15 days
from the date of receipt of this legal notice, failing which there is no other option
left with my client except to initiate appropriate legal proceedings against you
abovesaid addressee before the competent court of law entirely at your own risks,
costs and consequences, which please not.
Your Truly
Harsh Vardhan Mishra
Advocate