DRAFT NO.

1: DRAFTING OF LEGAL NOTICE

LEGAL NOTICE

BY REGD.P.A.D

DATED: 02/09/2018

To,

Mr. Sumeet Bhandari,

Proprietor, M/S ABDC Enterprises
Plot No. 45, Bhosale Nagar Extn.,
Bopodi, Near Khadki Station,
Pune- 411020

Sub: Legal Notice under Section 138 of the Negotiable Instruments

Act for Dishonor of Cheque

Sir,
Under instruction from and on behalf of my client, Mr. Ajit Kataria, S/o
Dr. Rajan Kataria, R/o B-104, Rohan Mithila, Vimannagar, Pune
(hereinafter referred to as “my client”). I do hereby serve you with the
following legal notice:
1. That my client invested money in share market through your firm
M/s ABDC Enterprises. Further, on 5th August 2018 my client
instructed you to sell 200 shares at Rs. 550/- each, on his behalf.
2. That you issued my client, a Cheque numbered 882345 drawn on
HDFC Bank, at Pune Branch, dated 10 th August 2017, for the sum
of Rs. 1,10,000/-, [Rupees One Lakh Ten Thousand Only] against
the shares sold by you vide Transaction No. 2018/98 dated 25 th
August 2018.
3. That the said cheque was presented by my client at State Bank of
India, Hadapsar Branch, Pune for credit in his account on 28 th
August 2018, but it bounced due to insufficient funds. My client
hereinafter contacted you and was assured of cash in lieu of the
bounced Cheque, therefore, my client did not take legal action
earlier.
4. That my client thereafter again requested you multiple times for the
payment of the said cheque amount by telephone and/or through
personal visit of his representative, but it was in vain.
5. That on 30th August 2018, my client again tried depositing the
cheque with State Bank of India, Hadapsar Branch, Pune but it was
again returned as unpaid with remarks –Insufficient Funds.
6. That, it appears that in order to cheat and defraud my client and
without any intention on your part to pay my Client you had
deliberately and intentionally issued the aforesaid Cheque,
knowingly that it was bound to be dishonored, on account of
‘Insufficient funds’ in your bank Account.
7. That your said act and conduct rendered yourself liable to be dealt
with under the provisions of Section 138 Negotiable Instruments Act,
1881 besides rendering yourself liable to be punished for the offence
under Section 406/420 of the Indian Penal Code, 1860, for Fraud at
your own cost and peril.

By means of this legal notice, I hereby call upon you, to pay the
cheque amount of Rs. 1,10,000 [Rupees One Lakh Ten Thousand
Only] to my client within 15 days from the date of receipt of this
notice failing which I have clear instructions from my client to take
appropriate legal action against you in the competent court of law at
your risks, costs and consequences. You are also liable to pay Rs.
4000/- (Rupees Four Thousand Only) as fee of this notice and a fee
of Rs. 350/- (Rupees Three Hundred Fifty Only) thus amounting to a
final amount of Rs. 1,14,350 (Rupees One Lakh Fourteen
Thousand Three Hundred Fifty only)

Kindly take notice.

Note:
A copy of this notice has been sent to you under Certificate of
Posting to the aforementioned address.
Copy retained in my office for further references.

Pune Mr. Raghav Dhoot

Advocate

02.09.2018