Re: Legal Notice under section 138 read with section 140 of The Negotiable Instruments Act, 1881 (as amended)
We act on behalf of our client Bank 1 and have instructions to serve this notice upon you as follows:
01. That you, notice receiver No.1 represented by notice receiver No. 2 and 3 have issued following 04 (four) cheques, in favour of our client, particulars of which are given below drawn on Current Account No. 11100004458 maintained with Bank 1 in order to pay lease rentals to our client:
|Cheque No.||Dated||Amount||Date of dishonour|
|Total||Tk. 98,14,000. 00|
02. That our client presented the aforesaid cheques for encashment but all the four cheques were returned unpaid with remark “insufficient fund” in the respective Memos issued by the Bank 1 on the date as mentioned above i.e. 26.06.2007.
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. 98,14,000.00 (Taka ninety eight lac fourteen thousand) 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 read with section 140 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”