R & S Associates,
1054, Sec 143
To, Dated: 11 No, 2020
M/S XYZ Ltd,
Subject:- Legal Notice under Section 138 of Negotiable Instruments Act,1881
Under the instruction and authority from my client M/S ABC Ltd having its registered office at ________ duly represented my Client the CEO M/S.________ I do hereby serve upon you the following notice of demand under Section 138 of the Negotiable Instrument Act, 1881:
1. That my client knows you, the notice, from the last 4-5 years and on that account you had gained the faith and confidence of my client.
2. You had ordered with my client the supply of 50 LG TV Sets. On the basis of your order the same were supplied to you through the consignment No.______ on dated _____
3. Thereon, my client raised an Invoice no. _____ dated _______ for an amount of Rs.____ requesting you to make the Payments based on the invoices.
4. Thereafter, you issued two post dated cheque ____ dated _______ for Rs 20,00,000 (Rupees TWENTY LAKHS ONLY) drawn on ***** in order to discharge your liability. At the time of issuing the cheque, you assured my client that the same is good for value will be honoured as and when presented.
5. That when the aforesaid cheque was presented, for encashment by my client to his banker the same was returned unpaid by the banker via memo no. _____ dated ______ with the reason that there was “Insufficient Fund”. My client informed you about it through telephone.
6. Thereafter, my client has sent a letter & an email dated _____ requesting you to make the payments. However, inspite of various reminders you have failed to remit the amount and clear the dues.
7. Despite various reminders, you failed to make payment to my client. You tried to avoid the matter and started to ignore my client. Since my client is left with no other option but to present you with legal notice.
8. Your action has put lots of hardship to my client. My clients business has grossly suffered. Needless to say, that all the business losses suffered by my client would be borne by you.
9. That you have failed to comply with the provisions of the law and also failed to discharge your liability from your account and the same cheque was dishonoured intentionally and willfully.
10. That, either you discharge your liability towards my client in next 30 days or criminal and civil charges will be framed against you, and you can be punished for imprisonment which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
11. My Client would request you to settle and make the payments immediately & without any delay within 30 days of the receipt of this notice. Alongwith, the principal amount you are directed to pay the Interest amount @ 18% p.a. alongwith the entire amount.
12. In case you fail to make payments my client would be forced to initiate legal proceedings against you & the repurcussions of the same are already mentioned in point no.10 above.
13. Needless to say, the cost and the litigation expenses for instituting legal proceeding would be borne by you. Thanking you,
On Behalf of ABC Ltd.