ADVOCATE SAMEER SINHA
Chamber No. 134/135
Reference No. 656787 Dated-15 May 2021
M/s Gupta Ltd
Phase IV, Mayur Vihar
Sub:- Notice under Section 138 of the Negotiable Instruments Act for Cheque Dishonoured due to insufficient funds.
Under instructions and authority from our client M/s Ahuja Ltd. having their office at A-22 Laxmi Nagar, New Delhi, we serve upon you the following notice of demand under Section 138 of the Negotiable Instruments Act.
⦁ That your business concern M/s Gupta Ltd had purchased from my client 80 Washing machines of IFB Company in which 30 washing machines are top load abd 50 washing machines are front load vide their invoice bearing no. 12345 dated 24 April 2021 for Rs. 50 lakhs.
⦁ On delivery of goods above mentioned, you issued a cheque bearing no.76548 dated 30 April 2021 for Rs. 50 Lakha drawn on State Bank of India.
⦁ That when the aforesaid cheque was presented by our client M/s. Ahuja Ltd. to your Bankers the same was returned unpaid by the Bank with the remarks/reasons “Insufficient Funds”. This fact was brought to your notice by our client vide letter dated 6 May 2021.
⦁ That in reply to our client’s letter, you sent a letter dated 10 May 2021 requesting him to deposit the cheque again with a banker and assured him that they will be cleared this time.
⦁ My client again presented your above-mentioned cheque with its bankers, this time again cheque was returned unpaid by the bank due to insufficient funds.
⦁ That thereafter in spite of many telephonic reminders and personal visits by the representative of our client to your office, you failed to make the payment due to our client.
⦁ That on account of the above facts, you are liable to be prosecuted under section 138 of the Negotiable Instrument Act, 1881 as amended up to date under which you are liable to be punished with imprisonment which may extend to one year or with fine which may extend to twice the amount of cheque or with both.
⦁ Under the circumstances, we call upon you to make the payment of Rs. 50 Lakhs being the principal amount of the aforesaid cheque along with interest @ 10 % per annum till the time of actual payment within a period of 15 (fifteen) days from the date of receipt of this notice, failing which we will be bound to take further necessary action under the provisions of Negotiable Instrument Act, 1881 against you in the competent court of law at your risk and cost.
This is without prejudice to all other legal rights and remedies available to our client for the above-stated purpose.
Kindly take notice.
Advocate Sameer Sinha