138 Notice Ashok 2

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

To, 26/10/2024

Sri. Ashok A,
S/o Krishnappa,
Residing at Balepura Reddihalli,
Devanahalli, Reddihalli,
Near Aalada Mara, Hoskote,
Bangalore Rural, Karnataka
India- 562129
Mobile No- 9538103109

NOTICE UNDER SECTION 138 NEGOTIABLE INSTRUMENTS ACT 1881


Under the instruction of our client M/s Shriram Finance Ltd, which is
a Public Ltd Company, having its original Office at No. 29/A, 2nd floor, K.
H Road, Bangalore- 560027, to issue this notice to you as follows.
1. Our client company is a company incorporated under The
Companies act 1956 having its regional office at No. 29/A, 2 nd
floor K.H Road, Bangalore- 560027.
2. Our client company states that you approached our client
company and availed vehicle loan on 10/10/2022 for the sum of
Rs. 2,50,000/- for the purpose of purchasing a Light Motor
Vehicle, manufacturing year 2019, Model- Hyundai XCENT-P-
Passenger Commercial, which vehicle bearing Registration No-
KA04AC2455 and you also executed a Loan come Hypothecation
Agreement on 10/10/2018 vide Agreement No-
‘YELAH2209290007’ with one Sri. Muralidhara A S/o Abbaiah as
a guarantor. After availing the loan you have failed to repay the
installments as and when it became due and thus you have
become a defaulter.

3. Our client company states that, despite several request and


remainders of our client to you, to discharge the amount due by
you to our client company under the said agreement towards the
part payment (Balance EMI), you issued 2 Cheques one Cheque
bearing no- “666706” dated 28/09/2024 for the sum of Rs
1,11,240/- (One Lakh Eleven Thousand Two Hundred and Forty
only) drawn on Canara Bank, Shivakanahalli Branch, Bangalore
Rural, Karnataka 562110 and another Cheque bearing No-
“666708” dated 28/09/2024 for the sum of Rs 1,11,240/- (One
Lakh Eleven Thousand Two Hundred and Forty only) drawn on
Canara Bank, Shivakanahalli Branch, Bangalore Rural,
Karnataka 562110.
4. Our client company states that you had specifically assured our
client company that the above said cheques would be honored by
your banker upon presentation of the same. As per your
instruction and assurance our client company presented the
above mentioned cheques for realization through its banker-
AXIS Bank Ltd, M.G Road Branch, Bangalore 560001 on
30/09/2024. To the utter shock and dismay of our client company,
the above mentioned two cheques have been dishonored and the
same have been returned unpaid with endorsement “FUND
INSUFFICIENT” vide Banker’s Endorsement dated: 01/10/2024.
5. Our client company has further instructed us to state to you that,
despite of sufficient opportunity, you failed and neglected to
discharge the liability by making the payment covered under the
above mentioned instrument which you had issued from the
above said instruments for discharging your liability which was
due to our client company and the same is legally enforceable
debt. You in spite of issuing the said cheques you have not
arranged with sufficient funds in your bank account and bouncing
the above said cheques is deliberate act on your part which is an
offence under the provisions of BNS and also you have
committed an offence under section 138 of N.I Act 1881.
6. Our client company therefore instructs us to call up on you to pay
the entire cheques amount of Rs. 2,22,480/- (Two Lakhs Twenty
Two Thousand Four Hundred and Eighty only) within 15 days
from the date of receipt of this notice, failing which our client will
be constrained to take necessary action as advised against you
before the competent Court of Law for both Civil and Criminal
Liabilities and in that event you will be held liable for all the costs
and incidents to such proceedings which you to please avoid.
This notice is issued under the provisions of section138 of N.I
Act.
This cost of this legal notice is Rs. 5000/- payable by you to our
client company.

SULAKSHANA DARPAN
ADVOCATE

You might also like