NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881.


Mr. Z

Address….

Dear Sirs,

RE:         NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881.

You have issued the following cheques (hereinafter referred to as the “Cheques”) in favour of Company 1 (hereinafter referred to as the “Payee”) against settlement of the loan with Bank 1

Cheque No.

Date
Amount
1.       33211618 25.08.2003 Tk. 20,00,000.00
2.       33211619 25.09.2003 Tk. 20,00,000.00
3.       33211620 25.10.2003 Tk. 20,00,000.00
4.       33211621 25.11.2003 Tk. 20,00,000.00
5.       33211622 25.12.2003 Tk. 23,63,511.00
Total

Tk. 1,03,63,511.00

The Cheques have been drawn on your joint Account No. 000433001128 with Bank 2. Our client has become the holder of the Cheques in due course.

The aforesaid Cheques were presented to Bank Asia Limited on 19.01.2004 for payment, but the said Cheques were returned by the Bank unpaid with the remark “Insufficient Fund” as shown in the Memos issued by the Bank.

Dishonour of cheque on the ground of “insufficient fund” is an offence under section 138 of the Negotiable Instrument Act, 1882 which is punishable with imprisonment for a term which may extend to one year, or with fine which may extend to thrice the amount of the cheque, or with both. As such you have committed an offence under section 138 of the Negotiable Instrument Act, 1882 and are liable to be prosecuted under the Negotiable Instrument Act, 1882.

In the premises stated above, you are requested to pay the cheque amount, i.e. Tk. 1,03,63,511.00 (Taka one crore three lac sixty three thousand five hundred eleven) only to us within 15 days of receipt of this notice. Should you fail to comply with this notice, we shall be compelled to commence criminal proceedings against you under the provisions of the Negotiable Instruments Act 1881.

Yours faithfully

………………….

For: “The Lawyers & Jurists”

Reference: Filing of the Complaint Case under Section 138 of the Negotiable Instrument

Act, 1881, A/c. Mr. Mohd. Asgar Rashid

Dear Sir,

We refer to the above subject-matter.

Please note that as per your instruction, we served the legal notice upon the captioned defaulter under Section 138 of the Negotiable Instrument Act, 1881 on 29.11.2007. In that notice we allowed the defaulter to repay the cheque amount within 30 days from the date of receipt of the legal notice. The time given to the defaulter to make payment so far expired. The Complaint Case under Section 138 of the Negotiable Instrument Act, 1881 is to be filed within 30 (thirty) from the date of the notice, if the notice is not received or from the date of the receipt of the notice. In accordance with the said provision, the time to file the Complaint Case is commenced.

We are not aware whether the captioned defaulter already made the payment. If not please inform us with specific instruction to file the Complaint Case.

If you have further query, please do not hesitate to contact us.

Sincerely,

RE: CORRIGENDUM OF LEGAL NOTICE DATED 27.09.2007 ISSUED UNDER SECTION 138 READ WITH SECTION 140 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

Dear Sir,

We act on behalf of our client IDLC Finance Limited, Corporate Head Office, Bay’s Galleria (1st Floor), 57 Gulshan Avenue, Gulshan-1, Dhaka-1212. As per instruction of our client, we have issued Legal Notice 27.09.2007 (the ‘Legal Notice’) upon you under section 138 read with section 140 of The Negotiable Instruments Act, 1881. In the 1st page just before the 1st paragraph of the Legal Notice, the address of our client “Corporate Head Office: Bay’s Galleria (1st Floor), 57 Gulshan Avenue, Gulshan-1, Dhaka-1212” is missing inadvertently.

Therefore, the address of our client “IDLC Finance Limited, Corporate Head Office: Bay’s Galleria (1st Floor), 57 Gulshan Avenue, Gulshan-1, Dhaka-1212 shall be deemed written in the first page just before the 1st paragraph.  All words, figures and content of the Legal Notice dated 27.09.2007 served upon you shall remain unchanged.

We regret for inconvenience caused thereby.

A copy of this corrigendum is kept in our office for future reference.

Yours faithfully,