ANURAG MALIK

(ADVOCATE)

OFF AT: B-18 LOWER GROUND FLOOR, PANCHSHEEL ENCLAVE, DELHI 110017
MOB NO. +91 8279698549 / Email: [email protected]

REGISTERED AD/EMAIL/WHASTAPP
Date: 26/04/2024

To,

1. NILOTPAL DUTTA (BORROWER)

At: 106, ORIAN TOWER, GS ROAD,

GUWAHATI (ASSAM)

Pin code: 781005

2. SURESH SHARMA (GUARANTOR)

At: ANIL PLAZA, 6TH FLOOR,

GS ROAD, GUWAHATI (Assam)

Pin code: 781005

SUBJECT: Re: Notice of Demand under Section 138 read with Section 141 of the
Negotiable Instruments Act, 1881, as amended ("NI Act");

1. That My Client is a NBFC registered with the RBI under section 45 IA of the RBI Act,
1934, and carry on the NBFC lending and finance work with their corporate office at No.
B-18, Basement Block B, Panchsheel Enclave, New Delhi-110017 AND previously
Registered at 4, Synagogue street,8th floor Room No. 814 kolkata (W.B)-700001.

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 ANURAG MALIK
(ADVOCATE)

OFF AT: B-18 LOWER GROUND FLOOR, PANCHSHEEL ENCLAVE, DELHI 110017
MOB NO. +91 8279698549 / Email: [email protected]
2. That you the above said Addresses had approached My Client in the year 2017 saying
that the Addressee is in dire need of certain financial assistance in the form of Unsecured
Business Loan for Rs. 1,50,00,000/-(Rupees One Crore Fifty Lakhs). That you the
Addressee have also requested that the Addressees shall take the financial assistance from
time to time in future years also, and the Addressees promised that the Addressees shall
pay the Loan amount within time along with interest calculated @27 % per annum and
other charges as agreed from the date of payment till the date of loan closure within the
agreed time period of 36 months.

3. That my Client agreed to give the Addressees the Financial Assistance in the form of
Unsecured Business Loan through RTGS Transfer:

DETAILS OF PAYMENTS MADE BY MY CLIENT TO THE ADDRESSEE

SR. NO DATE OF TRANS. PAID BY AMT PAID(Rs.) PAID TO.
1. 17.05.2017 25,00,000

2. 19.05.2017 25,00,000

3. 24.05.2017 25,00,000
M/s FLUTE
4. 16.06.2017 15,00,000
DEVELOPERS 3 DS GOA
5. 27.06.2017 PVT.LTD 20,00,000

6. 26.07.2017 25,00,000

7. 09.08.2017 15,00,000

Total=1,50,00,000/-

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 ANURAG MALIK
(ADVOCATE)

OFF AT: B-18 LOWER GROUND FLOOR, PANCHSHEEL ENCLAVE, DELHI 110017
MOB NO. +91 8279698549 / Email: [email protected]

4. Further, the Addressee in respect to of the above liability of the loan amount gave
assurance by handing over PDC Cheques and Mr. Suresh Sharma acting as the
Guarantor to the loan facility also undertake to indemnify my client on any default of
the addresses and also that in case the Addressee is unable to refund the said Unsecured
Business Loan amount along with interest calculated @27% per annum and other charges
as mentioned in the loan agreement dated 16.04.2017 and if the Addressee breaches the
terms and conditions of the agreement than my client can present the said Cheques in the
bank and can en-cash the same as per the averments made and acknowledged in the
agreement.
5. That during the course of years that you the Addresses starting making default in making
the timely payment of the loan amount as per agreed terms and conditions and at present
the total amount pending towards you the addresses as the legally enforceable admitted
liability from 2017-2024 till present due to your default has grown to Rs. 6,18,16,761/-
(RUPEES SIX CRORES EIGHTEEN LAKHS SIXTEEN THOUSAND SEVEN SIXTY
ONLY)calculated as per agreed terms and conditions with 27% interest per annum.
6. That after several years of communication and false promises my client now in the month
of February 2024 again tried to communicate and requested for the said outstanding
payment, that in response to that the Addresses agreed to pay the outstanding amount by
handing 3 Cheques as of Cheque no. 021347 of Rs. 1,50,00,000/- , Cheque no. 021329
of Rs. 1,54,51,718/- and Cheque no. 021333 of Rs.1,63,38,670/- in favor of our Client
from the bank account no.16740200002007 from THE FEDERAL BANK LIMITED,
Guwahati Branch,GS ROAD KAMRUP-781005, and the remaining balance of Rs.
1,50,26,373/- will be paid next month as balance amount in discharge of the above-
mentioned legally enforceable liability.

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 ANURAG MALIK
(ADVOCATE)

OFF AT: B-18 LOWER GROUND FLOOR, PANCHSHEEL ENCLAVE, DELHI 110017
MOB NO. +91 8279698549 / Email: [email protected]
7. That the Abovementioned Cheque was presented by our Client for encashment with its
banker as per told by the addresses, namely Axis Bank Limited, Greater Kailash-2
Branch, New Delhi,110048 however, the cheques were returned un-realized in clearing
by your bank on 06.04.2024 and 22.04.2024 due to reason of " Fund In-Sufficient" as
intimated to our Client vide return memos dated 08.04.2024 and 23.04.2024.
8. Please note that the dishonor of cheque issued in discharge of liability amounts to a
criminal offence under Section 138 of the NI Act and is punishable with imprisonment
for a term which may extend up to two years or fine which may extend up to twice the
amount of cheques, or with both. Apart from the offence committed under Section 138 of
the NI Act, you have committed offence of cheating punishable with imprisonment of 7
years and fine under Section 420 Indian Penal Code 1860.

Under the aforesaid circumstances, we, on behalf of our Client, hereby call upon you
through this “Noticees” to pay to our Client a sum of Rs. 4,67,90,388/- (RUPEES FOUR
CRORES SIXTY SEVEN LAKHS NINETY THOUSAND THREE HUNDRED AND
EIGHTY EIGHT) being an part of the admitted liability amount against the Dishonored
Cheques by way of pay order/demand draft/ electronic transfer within statutory period of
15 (fifteen) days from the date of receipt of this Notice, failing which our Client shall be
constrained to institute appropriate complaint against you under Section 138 read with
Section 141 of the NI Act, entirely at your risk as to the cost and consequences thereof
and without any further reference to you.

This Notice is being sent to you without prejudice to our client's right to enforce and
initiate other appropriate civil and criminal action against you for the wrongful acts and
omissions committed by you.

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 ANURAG MALIK
(ADVOCATE)

OFF AT: B-18 LOWER GROUND FLOOR, PANCHSHEEL ENCLAVE, DELHI 110017
MOB NO. +91 8279698549 / Email: [email protected]

A copy of this Notice has been retained by us in our office for record and future course of
action.

Yours Truly,

ANURAG MALIK
ADVOCATE
ADVOCATE

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