Legal Notice under Section 138 of The Negotiable Instruments Act, 1881 (as amended)

Mr. Z

Address….

Dear Sir/Madam,

Re: Legal Notice under Section 138 of The Negotiable Instruments Act, 1881 (as amended)

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

01.                 That you have issued following 05 (five) cheques, in favour of our client, particulars of which are given below drawn on Current Account No. 2059 maintained with Bank 1:

Cheque No. Dated Amount Date of   dishonour
6318838 30.07.07 Tk. 2,00,000.00 10.12.2007
6318839 30.08.07 Tk. 2,00,000.00 10.12.2007
6318840 30.09.07 Tk. 2,00,000.00 10.12.2007
6318841 30.10.07 Tk. 2,00,000.00 10.12.2007
6318842 30.11.07 Tk. 2,00,000.00 10.12.2007
Total Tk. 10,00,000.00

02.                 That our client presented the aforesaid cheques for encashment but all the five cheques were returned unpaid with remark “insufficient fund” in the respective Memos issued by the Bank 1.

03.                 That under section 138 of the Negotiable Instruments Act 1881, (as amended) dishonour of a cheque due to ‘insufficient fund’ is a criminal offence. All 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. 10,00,000.00 (Taka ten lac) only to our client within 30 (thirty) 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 aggregate 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 (as amended) on your failure to pay.

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

Yours faithfully,

………………….

For: “The Lawyers & Jurists”

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