Kirti Vashistha Chamber No.

F-709, F-Block
th
Advocate 7 Floor, Lawyers Chambers
Block, Kakardooma Courts
DELHI HIGH COURT Delhi-110032
Ph: 9868013999
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Ref: Date: 05.02.2018

REGD. POST/SPEED POST

LEGAL NOTICE
To,
SH MOHIT KUMAR
S/o LATE SH. BHUSHAN KUMAR,
R/O E-109, UPPER GROUND FLOOR,
CHHATTARPUR EXTENSION,
DELHI-110074

Sir,
Under instructions from and on behalf of my
client SH RAJESH KUMAR, S/O LATE SH MURARI LAL,
R/O 114-116, BLOCK-D, B.K. DUTT COLONY, JOR
BAGH, NEW DELHI-110003 I hereby serve you
through this following legal notice, facts as
under:-

1. That you noticee and my client having

friendly relations with each other from last
so many years and having visiting terms with
each other.

2. That in the month of June-2016, you

approached to my client and requested for a
friendly loan of Rs.2,00,000/- (Rupees Two
Lacs only) for a period of one year for your
 urgent need and after considering the
friendly relations with you my client gave a
sum of Rs.2,00,000/- (Rupees Two Lacs only)
to you in cash in the presence of marginal
witnesses and at the time of borrowing the
aforesaid amount, you assured my client to
return the abovesaid amount within one year.

3. That after passing about one year i.e. in

the month of June-2017, my client approached
to you noticee and demanded the aforesaid
friendly loan amount of Rs.2,00,000/-
(Rupees Two Lacs only), but at that time,
you noticee showed your inability to pay the
same and sought some more time of 4-5 months
from my client and my client on believing
your words, kept waited for your payment.

4. That consequently in the month of December,

2017, my client again approached you and
demanded the aforesaid borrowed amount of
Rs.2,00,000/- (Rupees Two Lacs only), then
you noticee in discharge of your above said
liability, issued a cheque bearing No.000036
dated 10.01.2018 amounting to Rs.2,00,000/-
drawn on Kotak Mahindra Bank, Noida Branch,
U.P, in favour of my client and at the time
 of issuing the said cheque you assured my
client that at the time of presentation the
said cheque would be encashed.

5. That my client had presented the said cheque

with his banker i.e. ICICI Bank, Branch at:
Jor Bagh, Delhi, but the said cheque was
dishonored by his banker with the remarks
“ACCOUNT CLOSED” vide returning memo dated
12.01.2018.

6. That immediately my client contacted to you

and disclosed the fact about the dishonor of
said cheque and my client demanded the said
cheque amount in cash from you, but since
then you are kept passing the time by one
pretext to another and now you instead of
making the payment of the said cheque, you
have flatly refused to pay the said cheque
amount to my client in any manner and had
also extended threats to face dire
consequences.

7. That for discharging your liability, you

issued, signed and delivered the above said
cheque, which was dishonored by your banker,
as you noticee have closed your account and
thus you breached the trust of my client and
committed an offence punishable under
section 138 of N.I. Act R/W Section 406/420
of Indian Penal code.

I, therefore call upon you through

this legal notice to return the amount of
above said dishonoured cheque i.e.
Rs.2,00,000/- (Rupees Two Lac only) to my
client within 15 days from the receipt of
this legal notice, failing which my client
shall be constraint to initiate
appropriate civil as well as criminal
proceeding against you totally on your
costs, risks and consequences.

You are also liable to pay Rs.11,000/-

as fee of this legal notice.

Copy kept in my office for further

references.

Kirti Vashistha
Advocate