138 NI Notice
138 NI Notice
138 NI Notice
9
Dated...............
Registered Post/AD/UPC/Courier
To
1. M/s. D Pvt. Ltd.
2. Smt. A, Managing Director of Addressee No. 1.
3. Smt. B, Director and Regional Manager of Addressee No. 1.
4. Shri C, Executive Director of Addressee No. 1.
5. Shri D, Executive Director of Addressee No. 1.
All the above at both the addresses below:
1. Off. 1, A.B.C. Enclave.
2. Res. 1, X.Y. Colony.
LEGAL NOTICE UNDER SECTION 138 READ WITH SECTION 141 OF
THE NEGOTIABLE INSTRUMENTS ACT, 1881
Sir,
For and on behalf of my client Shri ..........................S/o ........................................
R/o ..................................... and under his instructions I have to serve you with the following legal
notice:
1. That you issued a cheque no.................., dated ........., drawn on .........Bank, ......................,
for a sum of Rs 10 lacs in favour of my client towards partial discharge of liability in favour
of my client on account.
2. That on its due presentment the said cheque returned dishonoured for the reason of
'Insufficient Funds' in your accounts.
3. That an FIR, vide No......, has also been lodged in PS ............, .................. under sections
420 read with section 34 of IPC.
4. That, however, for the accrual of cause of action under the above mentioned provisions, this
legal notice is mandatory to be issued to you, hence this notice.
5. That all of you have been working under the veil of the above company in the respective
capacities as stated in the title of this notice. In fact, you, addressee No. 2 to 5, are in charge of
and responsible for the day-to-day affairs of the addressee No. 1. You, addressee No. 2, are
even signatory of the above cheque and are in Judicial Custody in the above FIR case.
6. Needless to mention at this stage the contents of the FIR, the role of each one of you, and
the same shall be stated in greater detail in the complaint being lodged in the court of
appropriate jurisdiction.
That be that as it may, I, therefore, hereby call upon you all, jointly and severally, to pay my client
the cheque amount stated above within a period of 15 days from the date of receipt of this notice failing
which I have definite instructions to proceed under the above stated additional provisions of law as per
law for which you shall additionally be held liable for imprisonment for a term of 2 years and fine to the
extent of Rs. 20 lacs for which please take this notice.
Advocate.