SHARMA & ASSOCIATES

ADVOCATES & SOLICITORS

SPEED POST / EMAIL

Dated: 05rd January, 2023
FROM AND ON BEHALF OF:

1. MR. NARENDER SINGH,

S/O SH. PAL SINGH,
PROP. OF: M/S GURU NANAK SURGICAL,
AT: GARAGE NO. 32, GULABI BAGH,
DELHI-110007.

TO:

1. THINK BIG SYSTEM PVT. LTD.,

Through its Directors,

2. SH. RAMESHWAR PRASAD SHARMA

3. SH. BISWAJIT DAS

BOTH DIRECTORS OF THINK BIG SYSTEM PVT. LTD.

ALL AT:
B-101, G. T. KARNAL ROAD INDUSTRIAL AREA,
NEAR TELEPHONE EXCHANGE,
DELHI- 110033

SUB: LEGAL NOTICE FOR RECOVERY OF AN AMOUNT OF RS.

2,80,300/- (TWO LACS EIGHTY THOUSAND AND THREE
HUNDRED ONLY).

Under the instructions from and on behalf of my above-mentioned client, I hereby

serve upon you the following legal notice as under: -
1. That my client is a law-abiding citizen of India and is into the business of
manufacturing and trading/job work of surgical equipment and is operating the
said business from Gulabi Bagh, Delhi.
2. That you the noticees are inter-alia into the business of trading and selling etc.
of surgical equipment and are operating the said business from G. T. Karnal
Road Industrial Area, Delhi.
3. That you the noticee no. 2 & 3 approached my client in July, 2019 and started
placing purchase orders of the surgical equipment/orthopedic implant etc. upon
Chamber: 135, Western Wing, Tis Hazari Courts, Delhi-110054
Tel: 91-9871033153
 SHARMA & ASSOCIATES
ADVOCATES & SOLICITORS

my client. It is pertinent to mention herein that the surgical equipment were

sold by my client to you the noticees on cash and credit basis with the mutual
understanding that the payment of the equipment etc. sold on credit basis shall
be made by you the noticee no. 2 & 3 within a maximum period of two months
from the date of the supply of the equipment.
4. That you the noticees as on 24.08.2022 were under a total liability of Rs.
2,71,500/- towards the surgical equipment supplied/sold by my client to you
the noticees on credit basis. Thereafter you the noticees made a part payment of
Rs. 50,000/- on 06.09.2022 via online transfer into the bank account of my
client. As such, as on 06.09.2022 an amount of Rs. 2,21,500/- became
outstanding against you the noticees.
5. That thereafter in the month of September-October, 2022, my client sold and
supplied to you the noticees equipment/job work worth Rs. 58,800/- on credit
basis.
6. That thereafter my client requested to you the noticee no. 2 & 3 to clear the
aforesaid outstanding dues whereupon you the noticee no. 2 & 3 kept on
buying time on one pretext or the other.
7. That in the meantime, in discharge of your part legal liability, you the noticee
no. 2 & 3 issued a cheque bearing no. 356511 drawn on Canara Bank, Branch
Model Town, Delhi-110009 dated 06.10.2022 for an amount of Rs. 1,00,000/-
to my client with the assurance that the same shall be duly honored upon its
presentation to the bank.
8. That my client presented the said cheque for its encashment to his banker i.e.
Indian Bank, Branch Kishan Ganj, Delhi on dated 06.10.2022 however, to the
utter shock and surprise to my client, the said cheque was returned as
dishonored for “Funds Insufficient” vide returning memo dated 07.10.2022.
9. That immediately my client approached to you the noticee no. 2 & 3 and
apprised you about the dishonor of the said cheque, whereupon you the noticee
no. 2 & 3 assured and asked my client to re-present the cheque with his banker

Chamber: 135, Western Wing, Tis Hazari Courts, Delhi-110054

Tel: 91-9871033153
 SHARMA & ASSOCIATES
ADVOCATES & SOLICITORS

after sometime and further assured my client that the same shall be honored
this time.
10. That accordingly my client re-presented the said cheque to his banker i.e Indian
Bank, Branch Kishan Ganj, Delhi on 20.12.2022, however, to the utter shock
and surprise to my client the said cheque was again returned as dishonored for
funds insufficiency vide returning memo dated 21.12.2022.
11. That again my client approached you the noticee no. 2 & 3 and apprised you
the factum of dishonor of the said cheque again, however, you the noticee no. 2
& 3 neither gave any positive reply nor made the payment of the dishonored
cheque.
12. That my client has already made numerous verbal and personal requests to you
the noticee no. 2 & 3 to pay the amount of the said dishonored cheque,
however, all the requests of my client have fallen upon the deaf ears of you the
noticee no. 2 & 3 and till date you the noticees have not paid the amount of the
dishonored cheque.
13. That the said cheque was issued by you the noticee no. 2 & 3 with mala fide
intention of never honoring the cheque payment to my client and hence, you
the noticees have committed an offence under section 138 and 141 of The
Negotiable Instrument Act.
14. That the said cheque was issued by you the noticee no. 2 & 3 in favour of my
client in discharge of your legally enforceable liability towards my client and
hence you the noticees are guilty of an offence as punishable under section 138
and section 141 NI Act read with section 420 of the Indian Penal Code, 1860,
as such my client has already initiated appropriate Criminal Proceedings
against you the noticees.
15. That since till date, you the noticees have not made the payment of total
outstanding amount of Rs. 2,80,300/- (Two Lacs Eighty Thousand and Three
Hundred Only) including the amount of dishonoured cheque to my client, as
such, my client has no other option but to serve this legal notice for recovery
upon you.
Chamber: 135, Western Wing, Tis Hazari Courts, Delhi-110054
Tel: 91-9871033153
 SHARMA & ASSOCIATES
ADVOCATES & SOLICITORS

Hence, in view of the above, I hereby call upon you the noticees to
immediately pay the entire outstanding amount of Rs. 2,80,300/- (Two Lacs
Eighty Thousand and Three Hundred Only) to my client within 15 days
from the date of receipt of this notice, failing which my client shall be
constrained to take all recourse and appropriate legal action by filing the
criminal and civil proceedings against you the noticees at your sole const and
consequences. You are further liable to pay an amount of Rs. 7,500/- towards
the professional charges of the advocate for serving the present notice upon
you.

(AJAY SHARMA)
Advocate
D- 3419/2016

Copy of the same is kept on record.

Chamber: 135, Western Wing, Tis Hazari Courts, Delhi-110054

Tel: 91-9871033153