138 Notice

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WITHOUT PREJUDICE

Letter No: _________________ Dated: ____________


Reminder Notice
By Hand/ Registered AD/ E-Mail
To,
__________________(Proprietor),
__________________
Having its Registered Office at:
____________________________

Other than Registered Office at:


___________________________

Subject: Legal Notice under section 138 of Negotiable Instrument Act for dishonor of cheque
.

Dear Sir and Ma’am,

Under the instruction from and on behalf of my client, M/s ____________________managed by


its partner Mr _______________________, having its registered address at
___________________________________________________; I hereby serve upon you this "Legal
cum Demand Notice" in respect of goods being delivered with the following notices.

1) That my aforesaid client is engaged in the business of manufacturing & trading of "
______________________________________________"

2) That you had placed several telephonic order for purchase in financial year ______________,
of various types of springs, out of them payment related to invoice no
______________dated ___________, cumulative of Rs ___________________ were still
pending (Detailed summary of same is attached herewith this notice for necessary
verification). Thereafter, several follow-ups were taken by my aforesaid client related to
balance payment but you disheartened them.

3) That after respective requests, demand, reminders and personal visits by the aforesaid client
for the outstanding payment, you had issued and handed over 3 post dated cheques
bearing no _______________ dated __________________________of Rs
_________________ (Inclusive of interest), drawn on ________________________. Upon
presentation for encashment, the same were dishonored with the remark "Insufficient
Funds" in your account.

4) That as per the books of account maintained by my aforesaid client during the ordinary
course of business a sum of Rs _____________________________ is still lying outstanding
against you as on today i.e ____________________

5) That my aforesaid client again tried to communicate you after dishonoring of above said
cheque but you didn't bother to either response. Further, after several futile attempts to
recover such amount, my aforesaid client with heavy heart decided to take aid of Hon'ble
Court.

6) That due to such series of event my aforesaid client have reason to believe that you have
willfully failed and neglected to pay the outstanding amount which cause financial losses &
harassment to my client. Hence, my aforesaid client is entitled to recover the above said
amount and other consequential losses.

7) That as per the terms and condition of the invoice, my aforesaid client is also entitled to
recover interest @ 24% per annum on the outstanding amount and as same being
acknowledged by you. Hence, my client is now entitled to claim Rs
________________________ as on ___________________in addition to principal
outstanding.

I, therefore, call upon you through this notice on behalf of my aforesaid client to pay Rs
__________________________ [Principal Rs ______________/- + interest Rs -_________/-] and Rs
_____________________/- towards the legal charges within 15days from receipt of notice with intimate
to me, failing which I have definite instruction to take necessary legal action against you according to law
in the court of competent jurisdiction at __________________________ on that event you will also be
liable to pay litigation expenses at your risk and costs.
Copy of this notice has been kept in my office for further action.

The contents of the letter are self explanatory; you are requested to take note of the same.

Thanks and Regards

___________________________
(ADVOCATE)

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