Legal Notice under Section 138 of The Negotiable Instruments Act, 1881


Mr. Z

Address….

Dear Sir,

Re:  Legal Notice under Section 138 of The Negotiable Instruments Act, 1881

We act on behalf of our client the Bank 1 and have instructions to serve this notice upon you as follows:

01.                 That you have issued following 02 (two) cheques in favour of our client, particulars of which are given below, drawn on your account No. 002-079291-011 maintained with the Bank 1 Office in order to discharge of your loan liability in part with our client:

Cheque No. Dated Amount Date of   dishonour

866880 10.04.2004 Tk.    16,495.00 03.06.2004
866882 12.05.2004 Tk. 1,31,962.00 05.06.2004
Total Tk. 1,48,457.00

02.                 That our client presented the aforesaid cheques for encashment but both of the cheques were returned unpaid with remark “insufficient fund” in the respective Memos issued by the Bank 1 Office on the dates as mentioned above.

03.                 That under section 138 of the Negotiable Instruments Act 1881, dishonour of a cheque due to ‘insufficient fund’ is a criminal offence. Both the aforesaid cheques have been dishonoured by the drawee Bank due to ‘insufficient funds’ and thereby fall under the mentioned section.

In the premises stated above, you are requested to pay the aggregate cheque amount of Tk. 1,48,457.00 (Taka one lac forty eight thousand four hundred and fifty seven) only to our client within 15 (fifteen) days of receipt of this notice, failing which you will be deemed to have committed an offence under section 138 of the Negotiable Instruments Act, 1881 and will be liable for punishment in the form of imprisonment for a term which may extend to one year or with fine which may extend to thrice of the cheque amount, or with both, and we have instructions from our client to take legal action against you under section 138 of the Negotiable Instruments Act 1881.

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

Yours faithfully,

………………….

For: “The Lawyers & Jurists”