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

Mr. Z

Address….

Dear Sir/Madam,

We act on behalf of

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

our client Company 1 and have instructions to serve this notice upon you as follows:

01.                 That you have issued following 14 (fourteen) cheques, in favour of our client, particulars of which are given below drawn on Current Account No. 208-179-42 maintained with Bank 1:

Cheque No. Dated Amount Date of   dishonour
917608 03.07.07 4,36,187.00 19.12.2007
917616 15.07.07 4,29,200.00 19.12.2007
917617 16.07.07 4,29,200.00 19.12.2007
917618 18.07.07 4,29,200.00 19.12.2007
917619 19.07.07 4,29,200.00 19.12.2007
917620 22.07.07 4,15,030.00 19.12.2007
917622 25.07.07 4,00,000.00 19.12.2007
917626 29.07.07 3,95,450.00 19.12.2007
917627 30.07.07 3,95,450.00 19.12.2007
917629 01.08.07 3,95,450.00 19.12.2007
917630 02.08.07 4,24,410.00 19.12.2007
917631 05.08.07 4,21,120.00 19.12.2007
917634 15.08.07 4,07,960.00 19.12.2007
917635 20.08.07 4,21,120.00 19.12.2007
Total 58,28,977.00

02.                 That our client presented the aforesaid cheques for encashment but all the fourteen cheques were returned unpaid with remark “insufficient fund” in the respective Memos issued by the Bank 1, on 19.12.2007.

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. 58,28,977.00 (Taka fifty eight lac twenty eight thousand nine hundred seventy seven) 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”

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.