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Sample Legal Notice 138

APPENDIX 1
FORMAT – LEGAL NOTICE IN ‘CHEQUE BOUNCING CASES’

To,
Mr./Mrs.______________
_______________________
_______________________

CHEQUE BOUNCING CASE – CHEATING


Dear Mr _____or Mrs ,
Under the instruction of my Client named ______________, residing at_____________ ,
Delhi . I serve on you this ‘Legal Notice’, informing you as follows:-

1. That, when you had visited my Client’s New Delhi residence in the month of __________,
you had issued two cheques, bearing No.__________ and No. drawn on ___________Bank
dated___________ and____________, for two amounts of Rs. ___________and Rs.____________
and Rs. _________ i. e. total amount of Rs.__________ in my client’s favour in lieu of the
repayment of the friendly loan advanced by my client to you, of against amount of
Rs._________ without any interest.

2. That, my Client had deposited the said both Cheques in his Account, in the __________
Bank, during the period of its validity on__________, which was returned unpaid to my
Client on___________, on account of ‘Insufficient Funds’ in your Bank Account, to meet the
demand stated in the aforesaid both Cheques. (Xerox copy of the Memorandum both
dated____________ issued by the said Bank, is enclosed for ready reference).

3. That, it appears that in order to cheat and defraud my client and without any intention on
your part to pay my Client, the aforesaid friendly loan of Rs._________, you had
deliberately and intentionally issued the aforesaid Cheques, knowingly that it was bound
to be dishonored, on account of ‘Insufficient funds’ in your bank Account.

4. Under the aforesaid facts and circumstances, through this legal Notice, I on behalf of my
client, do hereby call upon you, to pay my Client, the aforesaid amount of Rs.__________
on or before ______________, failing which my client shall initiate legal proceedings for the
recovery of the said amount and shall also prosecute you under section 138 of the
Negotiable instruments act and you shall be liable for the costs of the proceedings also.

5. Copy retained .
Unfeigned Regards,

Rohit Kishan Naagpal


Advocate , Supreme Court of India
Encls: As above
Under the instruction of my Client

Mr./Mrs.____________-___________________
Notice Format Under Section 138
Regd. AD/ UPC/ BY HAND
Dated————–
To
——————————–
———————————
Sub.:- Legal notice under Section 138 of the Negotiable Instrument Act.
Sir,
The cheque No.—————– dated—————- for an amount of ————drawn on the —
————————————————————————branch, was issued by you in lieu of
discharge of your financial liabilities to us.
The said cheque was presented for payment but the same has been returned by your bank
with the endorsement ——————————–. The Bank has informed us through their
cheque return memo dated———–.
You are now requested to make the payment of the above said amount immediately in
accordance with the provisions of section 138 of Negotiable Instrument Act failing which we
will initiate criminal proceedings against you as contemplated under the above said section.
This is for your information.
Yours
Name
Address