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    S 138 Notice

    Uploaded by

    Maya Sharma
    The document is a legal notice sent on behalf of a client to recover Rs. 2,00,000 that was borrowed as a friendly loan one year prior. The notice details how the borrower had since issued a dishonored cheque and refused repayment, and warns of legal action if the amount is not paid within 15 days.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    S 138 Notice

    Uploaded by

    Maya Sharma
    13 views4 pages
    The document is a legal notice sent on behalf of a client to recover Rs. 2,00,000 that was borrowed as a friendly loan one year prior. The notice details how the borrower had since issued a dishonored cheque and refused repayment, and warns of legal action if the amount is not paid within 15 days.

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    S 138 notice

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    The document is a legal notice sent on behalf of a client to recover Rs. 2,00,000 that was borrowed as a friendly loan one year prior. The notice details how the borrower had since issued a dishonored cheque and refused repayment, and warns of legal action if the amount is not paid within 15 days.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    13 views4 pages

    S 138 Notice

    Uploaded by

    Maya Sharma
    The document is a legal notice sent on behalf of a client to recover Rs. 2,00,000 that was borrowed as a friendly loan one year prior. The notice details how the borrower had since issued a dishonored cheque and refused repayment, and warns of legal action if the amount is not paid within 15 days.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Kirti Vashistha Chamber No.

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

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