Re: Taking Criminal Action against Mr. X, Managing Director M/S. Company 1.
Please refer to your letter No. ……………… dated 07.05.2005 whereby you have instructed us to take both civil and criminal action against the captioned Borrower. However, in order to take criminal action for committing the offence of dishonour of the Cheque under section 138 of the Negotiable Instrument Act, 1881 it is required to issue notice to the issuer of the cheque within 15(fifteen) days from the date of dishonour of the cheque under the said section of the said Act. No such notice have yet been issued within 15(fifteen) days from the date of dishonour of the cheque and the stipulated period has already been passed away. Since the cheques are still valid we request you to further present the cheques to the respective Bank for encashment. If the cheques are dishonoured again, then send us the same with dishonour report for necessary action at the earliest.
If you have any query, please do not hesitate to contact us.
For: “The Lawyers & Jurists”