Re: Legal Notice under Section 138 of the Negotiable Instruments Act, 1881 (as
We act on behalf of our client the Company 1 and have instructions to serve this notice upon you as follows:
01. That you have issued a cheque, being No. 0803643 dated 10.09.2008 for an amount of Tk. 1,85,850 (Taka one lac eighty five thousand eight hundred fifty) only (hereinafter referred to as the ‘Cheque’) in favour of our client drawn on your Account No. 33054382 maintained with the Bank 1 in order to discharge of your partial loan liability with our client.
02. That our client presented the Cheque for encashment but the Cheque was returned unpaid with remark “Insufficient fund” in the Memo issued by drawee bank, BANK 1, Local office, Dhaka on 26.02.2009.
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. The Cheque has been dishonoured by the drawee bank due to ‘insufficient fund’ and thereby falls under the mentioned section.
In the premises stated above, you are requested to pay the cheque amount of Tk. 1,85,850 (Taka one lac eighty five thousand eight hundred fifty) 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 (as amended) 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 (as amended) on your failure to pay.
A copy of this notice is kept in our office for future reference.
For: “The Lawyers & Jurists”