DRAFT OF LEGAL NOTICE u/s 138 of NEGOTIABLE INSTRUMENT ACT, 1881 by Mahek Upadhayay@LexCliq

DATE: 22-07-2021


Mr. Vishal Tomar,

S/o Deepak Singh Tomar,

House No. 5, Star Colony,

Kashipur- 244713,

Udhamsingh Nagar, Uttarakhand



Under the instructions and authority of our client Mr. Sanjay Sharma residing at House No. 45, Avas Vikas, Kashipur, Uttarakhand-244713, do hereby serve upon you the legal notice under section 138 of Negotiable Instrument Act, 1881 as:

  1.  That you the noticee has been a acquaintance of my client from past 7 years as there Father’s share a common business from last 10 years. It was in January 2021 the noticee expressed his desire of starting his own startup and for the same purpose he asked my client to grant him a friendly loan of RS. 25,00,000.
  2. That my client based on the fiduciary relationship that exists between the two from past 7 years, granted him the loan of aforementioned amount of RS. 25,00,000 (rupees twenty-five Lakhs only) in cash on 07-01-2021, with a promise to return the aforementioned amount after the expiry of six months from the date of the loan granted, i.e., date on which loan was to be return was 07-07-2021
  3. After the lapse of this time period when my client asked you about repaying of debt you the noticee tried to prolonged the repayment by making one pretext and  another with a purpose of avoiding the repayment of debt.
  4. That after making lots of request by my client, you the noticee has finally issued a cheque dated 12-07-2021 having aforementioned amount of RS. 25,00,000.
  5. That the said cheque was then presented to the HDFC BANK, branch Maharana Partap Chauk, Kashipur-244013, but was returned by the bank through a return memo dated 14-07-2021. The reason of cheque bounce given by bank was mis-match of the signature present on the cheque.
  6. That inspite of many telephonic conversations and personal visits by the representative of my client to your office, you failed to issue other cheque with original signature of your’s and even failed to make payment through some other medium.
  7. That you are now requested to make the payment of the above-mentioned amount immediately (maximum within 30 days)  in accordance with the provisions of section 138 of Negotiable Instrument Act, 1881 and if failed, we shall be initiating criminal proceedings against you as contemplated under the above-mentioned section.

This is without prejudice to all other legal rights and remedies available to our client for the above-stated purpose.

Kindly take notice.

Adv. Mahek Upadhayay

office- Apt. No. 52, Floor No. 3

Hansraj Colony, Kashipur-244713


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