Legal Notice U/S 138 Negotiable Instruments Act, 1881
Date: 5th September 2021
Mukherjee Textile Industries Pvt Ltd
Shantikunj Road, KarunaVihar
East Delhi -110032
Phone no- 9844332211
Subject: Legal notice u/s 138 Negotiable Instruments Act, 1881
Under the instructions of my client, Mr. Sudesh Banerjee, owner at Bharti Textile Industries Pvt Ltd, resident of Street no.65, Vasantvihar, West Delhi 110087. I hereby serve upon you the following legal notice under section 138 of Negotiable Instruments Act, 1881
As you and my client have shared a good business relationship for a long time. Last year, In February 2020 you purchased 500 tons of raw material for your industry which cost Rs. 7,00,000/- (seven lakhs only) and promised to pay the total amount in December 2020. My client approached you to pay the amount in January 2021 as he was in urgent need of the amount but you showed your inability to return the amount due to the pandemic and assured to return in March 2021. My client showed his sympathy and agreed. In March, my client called you several times and visited your home and industry but you kept on extending the date. In April 2021 when my client visited your home to recover the amount, you and your family members misbehaved with him and refused to return the amount. My client lodged an FIR in the nearby police station and you agreed to refund the total amount by August 2021. Thereafter the FIR was withdrawn. A check was issued by you on 10th August 2021 saying “Now you can withdraw the total amount from the bank. I have deposited Rs.7,00,000/(seven lakhs only) today.”
Cheque no 547688 was presented at the Vasantvihar branch, Bank of Baroda for an amount of Rs. 7,00,000/- (seven lakhs only) on 22nd August 2021 which was issued by Ramanand Mukherjee on 10th August 2021. The cheque was presented to the bank on 22nd August 2021 for the withdrawal of the amount but the same was returned by the bank along with a return memo on 25th August 2021 due to “Insufficient amount in the account”.
My client made several visits to your office, Mukherjee Textile Industries Pvt Ltd, Shantikunj Road, KarunaVihar, East Delhi -110032 and called you several times but received no response from your side.
You are requested to make the payment of Rs. 7,00,000/- ( seven lakhs only) within 15 (fifteen) days from the date of receiving the legal notice. If you fail to make the payment, criminal proceedings will be initiated against you under section 138 of the Negotiable Instruments Act, 1881.
A copy of the legal notice is kept for initiating legal proceedings
Advocate Radhika Agarwal
Shershah Road, Justice SB Marg,
New Delhi, Delhi 110503
By Roshni Agarwal, Amity Law School, Noida
Names, places and phone numbers mentioned in the draft are fictitious.