Ref.

: MKS/SRE/SMPL/____/SEP/2019 Date: 10th September, 2019

To,
1) SUMAN ENTERPRISES
Through Its Proprietor
Mr. ____________
2) Saha Mercantile Pvt. Ltd.
Through its Director/s
a) Mr. Avijit Saha and
b) Mr. ______________
Having Office Address at:
City Height Building, 4th Floor,
40/C, Jessore Road South,
Dakbunglow MoreBarasat,
Kolkata, West Bengal: 700124.

Sub: Statutory Demand Notice Under Section 138 of the Negotiable

Instruments Act, 1881 (as amended up-to date)

Ref: Our demand Notice dated 29/08/2018 addressed to you on behalf

of our client, M/s. Shree Ramji Enterprises.

Sir/ Madam,

Under the instructions and on behalf of M/S. SHREE RAMJI

ENTERPRISES, REPRESENTED THROUGH ITS PROPRIETOR,
MR. ASHOK PRAJAPATI, having address at Shop No. 2, B.R.
Compound, Damu Nagar Last Bus Stop, Akurli Road, Kandivali (East),
Mumbai, Maharashtra: 400101, we do hereby address you the present
Statutory Demand Notice as under :-

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1. Our Client states that you Mr. __________________ through your
company namely SAHA MERCANTILE PVT. Ltd. wherein you are one
of the Director have signed and executed an Agreement dated 09/11/2016
and appointed our client’s proprietorship concern, M/s. Shree Ramji
Enterprises, as your Consignment Sales Agent for the entire State of
Maharashtra (India) for providing sales support to you in respect of your
products on the agreed terms and conditions as more particularly
mentioned in the said agreement.

2. Our Client states that our client has sent you a Demand Notice
(SAHA MERCANTILE PVT. Ltd) bearing Ref. No.
MKS/001/AUG/2018 dated 29/08/2018 thereby calling upon you to
make the payment of Rs.31,42,718.80 (Rupees Thirty One Lakhs Forty
Two Thousand Seven Hundred Eighteen and Eighty Paisa Only) along
with interest thereon till date and/or the date of actual payment and/or
realization of the same forthwith from the date of receipt of the said
demand notice.

3. Our Client states that on receipt of the said demand notice by you,
you have specifically informed our client that you are ready and willing to
clear the aforesaid outstanding payments to our client, through your Sister
Concern i.e. Suman Enterprise with this assurances our client has accepted
the cheque/s from Suman Enterprises as you have assured to discharge the
liability Of Saha Mercantile Pvt. Ltd through Suman Enterprises as
director of Saha Mercantile Pvt. Ltd and proprietor of Suman Enterprises is
same person.
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4. Our Client states that accordingly, as assured by you, against your
aforesaid liability to the tune of Rs.31,42,718.80 (Rupees Thirty One Lakhs
Forty Two Thousand Seven Hundred Eighteen and Eighty Paisa Only),
you have issued the cheques amounting to Rs.18,00,000/- (Rupees
Eighteen Lakhs Only) through your Sister Concern i.e. Suman Enterprise,
in favour of our client, towards the part payment as against the said
liability, the details of which is enumerated herein-below :-

Sr. Cheque Cheque Amount Name of Bank

No. No. Date (in Rs.)

1. 165412 16.08.2019 3,00,000/- IDBI BANK

2. 165415 17.08.2019 3,00,000/- Ground Floor, Ward No.4,
3. 165416 18.08.2019 3,00,000/- Jessore Road, North 24
Paragnas, Barasat,
4. 165417 19.08.2019 3,00,000/- Kolkatta, West Bengal.
TOTAL: 12,00,000/-

5. Our Client states that the Post-Dated Cheques issued by you in

favour of our client through your Sister Concern, M/s Suman Enterprise,
bearing Cheque No. 165414 dated 21.09.2019 for Rs.3,00,000/- and
Cheque No.165418 dated 20.09.2019 for Rs.3,00,000/- aggregating to a
total sum of Rs.6,00,000/-, will be deposited by our client on its due date.

6. Our Client states that our client had deposited the Cheque bearing
Nos. 165412, 165415, 165416 and 165417 in their Account, with the Axis
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Bank Ltd., Thakur Village Branch, Kandivali (East), Mumbai, during the
period of its validity on 19/08/2019, 22/08/2019, 22/08/2019 and
23/08/2019, which was returned unpaid to our client on 20/08/2019,
23/08/2019, 23/08/2019 and 26/08/2019 for the reason ‘Account Closed’.

7. Our client states that, it appears that in order to cheat and defraud
our client and without any intention on your part to pay our client, the
aforesaid amount of Rs.12,00,000/- (Rupees Twelve Lakhs Only), you had
deliberately and intentionally issued the aforesaid Cheques, knowingly
that it was bound to be dishonored, as you have closed your account with
IDBI Bank. Our client states that as per your instructions our client had
deposited the said Cheques in their Account, with the Axis Bank Ltd.,
during the period of its validity on 19/08/2019, 22/08/2019, 22/08/2019
and 23/08/2019, which was returned unpaid to our client on 20/08/2019,
23/08/2019, 23/08/2019 and 26/08/2019 for the reason ‘Account Closed’.

8. Our Client states that since the said cheques has been dishonoured
for the reason ‘Account Closed’, you may be held liable criminally
particularly U/sec. 138 of the Negotiable Instruments Act. Our Client
states that on account of dishonour of the said cheques issued by you, you
are guilty of committing an offence punishable U/sec. 138 of the
Negotiable Instruments Act, 1881 as amended up-to date. Our Client states
that issuance of the said cheques by you, is conclusive proof of your
admitted liability and you cannot avoid the same. Our Client states that the
said cheques had been issued by you with ulterior and malafide motives

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and you are liable to be punished with imprisonment for a term which may
extend to two years or with double the fine of the dishonoured cheques or both.

9. Under the aforesaid facts and circumstances, through this

legal Notice, we on behalf of our Client, do hereby call upon you, to pay
our Client, the aforesaid amount of Rs.12,00,000/- (Rupees Twelve Lakhs
Only) within 15 days from the date of receipt of this Notice, failing which
our 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.
Copy of the said notice is forwarded to Saha Mercantile Pvt. Ltd.

10. We hope that wiser counsel would prevail upon you in complying
with the aforesaid requisition, so as to avoid any unwanted litigations.

For MKS Legal Associates (Mr. Ashok Prajapati)

Advocates & Legal Consultant Prop. M/s. Shree Ramji Enterprises
Counter-Signature of Client:

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