Drawer When One Cheque Is Dishonoured 115 - Legal Draft
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Notice by an advocate on behalf of an individual payee to the partnership firm/drawer when one cheque is dishonoured
Name : ........................
........................
Office: ........................
........................
Residence: ........................
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Date : ........................
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Office: ........................
........................
Residence: ........................
........................
Date : ........................
Regd. A.D./U.P.C
To
1. M/s. Gupta Sons, (Partnership Firm)
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2. Name .............................(Partner)
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3. Name .............................(Partner)
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4. Name .............................(Signatory Officer)
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5. Name .............................(Guarantor)
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Subject : Dishonour of Cheque
In Re .......................
Sir,In Re .......................
For and on behalf of my client(s) M/s. .................................. (Name and address of company/firm, as the case may be), I have to serve you with the following legal notice:
1. That as you know that my client is running the business of Brass Rods (hereinafter called goods) and my client is the main stockist and dealer of the same. My client is doing the business of dealing in Brass Rods in his personal name/under the name and style of M/s. ............................
1. That as you know that my client is running the business of Brass Rods (hereinafter called goods) and my client is the main stockist and dealer of the same. My client is doing the business of dealing in Brass Rods in his personal name/under the name and style of M/s. ............................
2. That you have been purchasing the said rods from my client since.......... (give the date of first dealing or the estimated period of relationship) and due to the faith my client reposed in you, they started allow you to taking of delivery of goods from him against the issue of cheques for the amount payable in respect of the goods purchased which was further supported by a bond of the guarantor as named above.
3. That besides the goods you have paid for, you purchased goods to the tune of Rs. ......... (In words ..................) vide invoice No. ................ dated ..............., with the Form No. ST-35 due and all documents sent directly.
4. That against the above said invoice you issued to my client a cheque bearing No. .................., dated ..............., drawn on ................ (Name of the Bank of which the cheque is drawn) which was payable against your firm’s account, at the time of delivery of goods promising that on the presentment of the said cheque it will be honoured.
5. That the above stated cheque has been dishonoured on its presentment with the endorsement “Insufficiency of Funds in the Account of the Drawer” on ............. (Date) vide Returning Memo No. ........... of which my client got the information on ................(Date) from the bank. Had my client known that on its presentment the cheque so issued would be dishonoured, he would never have delivered those goods.
6. That in all, the cheque which was issued by you in discharge of your liability/debt which has been dishonoured for the reason of insufficiency of funds.
7. That thereafter my client has been running from pillar to post to contact you but you have been avoiding the same.
8. That now my client has understood that you issued the cheque to him against the delivery of goods for the amount which you never had in your account at the time of issue of cheque and, therefore, it can be inferred that you took the delivery of such goods by deceiving my client when you issued the cheque knowing fully well that you had insufficient funds in your account to honour the same.
9. That it is now clear, that your intentions were not good when you issued the abovestated cheque as you had issued the cheque for the amount which you did not have in your account nor any arrangement had been made for such amount with the result that the cheque stood dishonoured.
10. That as the cheque is dishonoured for the reason of “insufficiency of funds”, you may be held liable, civilly as well as criminally, jointly as well as severally particularly under section 420 of the Indian Penal Code, 1860, section 138 of the Negotiable Instruments Act, 1881 as amended upto date and under Order XXXVII of the Code of Civil Procedure, 1908 and for this purpose this legal and mandatory notice is served upon you.
I, therefore, hereby call upon you to pay the amount for which the cheque so dishonoured was issued i.e., Rs. .................., together with interest calculated at the rate of 24% per annum which comes to Rs. ............... and Rs. .................. towards the cost of this notice, within a period of 15 days from the date of receipt of this legal notice, or be prepared to face legal consequences, jointly as well as severally, civilly as well as criminally, particularly under section 138 of the Negotiable Instrument Act, 1881 as amended upto date, section 420 of the Indian Penal Code, 1860 and Order XXXVII of the Code of Civil Procedure, 1908. You shall be held responsible for all the costs and consequences for which please take this notice.
3. That besides the goods you have paid for, you purchased goods to the tune of Rs. ......... (In words ..................) vide invoice No. ................ dated ..............., with the Form No. ST-35 due and all documents sent directly.
4. That against the above said invoice you issued to my client a cheque bearing No. .................., dated ..............., drawn on ................ (Name of the Bank of which the cheque is drawn) which was payable against your firm’s account, at the time of delivery of goods promising that on the presentment of the said cheque it will be honoured.
5. That the above stated cheque has been dishonoured on its presentment with the endorsement “Insufficiency of Funds in the Account of the Drawer” on ............. (Date) vide Returning Memo No. ........... of which my client got the information on ................(Date) from the bank. Had my client known that on its presentment the cheque so issued would be dishonoured, he would never have delivered those goods.
6. That in all, the cheque which was issued by you in discharge of your liability/debt which has been dishonoured for the reason of insufficiency of funds.
7. That thereafter my client has been running from pillar to post to contact you but you have been avoiding the same.
8. That now my client has understood that you issued the cheque to him against the delivery of goods for the amount which you never had in your account at the time of issue of cheque and, therefore, it can be inferred that you took the delivery of such goods by deceiving my client when you issued the cheque knowing fully well that you had insufficient funds in your account to honour the same.
9. That it is now clear, that your intentions were not good when you issued the abovestated cheque as you had issued the cheque for the amount which you did not have in your account nor any arrangement had been made for such amount with the result that the cheque stood dishonoured.
10. That as the cheque is dishonoured for the reason of “insufficiency of funds”, you may be held liable, civilly as well as criminally, jointly as well as severally particularly under section 420 of the Indian Penal Code, 1860, section 138 of the Negotiable Instruments Act, 1881 as amended upto date and under Order XXXVII of the Code of Civil Procedure, 1908 and for this purpose this legal and mandatory notice is served upon you.
I, therefore, hereby call upon you to pay the amount for which the cheque so dishonoured was issued i.e., Rs. .................., together with interest calculated at the rate of 24% per annum which comes to Rs. ............... and Rs. .................. towards the cost of this notice, within a period of 15 days from the date of receipt of this legal notice, or be prepared to face legal consequences, jointly as well as severally, civilly as well as criminally, particularly under section 138 of the Negotiable Instrument Act, 1881 as amended upto date, section 420 of the Indian Penal Code, 1860 and Order XXXVII of the Code of Civil Procedure, 1908. You shall be held responsible for all the costs and consequences for which please take this notice.
Yours faithfully,
Sd/-
(Advocate)
Sd/-
(Advocate)