A NOTICE U/S 138 OF THE NEGOTIABLE
INSTRUMENTS ACT & SEC. 420 OF THE INDIAN
PENAL CODE
Rajaram
S.
Retawade,
M. A. (Hons)(Eng); LL. M.;
D.I.T.,
Advocate.
C-4/10, Shantiban Society,
S. No. 52/1, Kothrud,
PUNE 411 038
Dated
NOTICE
(BY REGISTERED A.D.)
To
Smt. P_ D_ M_,
Everest Tours & Travels,
1100 Narayan Peth,
PUNE 411 030.
Madam,
Under instructions from and on behalf of my client, Shri APP,
Ramrajya Griha Rachana Sanshta, Plot No. 200, Kothrud, Pune 411038, I have to address you as follows :
1. That on account of some acquaintance of my client with your
husband, Shri DKM, my client has had occasions to know and meet
you.
2. That since you have been running business under the name and
style as Everest Tours & Travels, you proposed to expand the said
business.
3. That for the said purpose of the expansion of your business, in
December 200_, you were in need of more finance, and through the
good offices of your husband, you made my client to pay you an
amount of Rs. 40,000/-.
4. That taking into consideration the relationship between my client
and your husband, my client paid to you an amount of Rs. 40,000/
- in cash, as detailed below :
Rs. 40,000/-
5. That at the time of the payment of the said amounts by my client,
you had promised him that the amount paid by my client would be
repaid and refunded to him within a short time, say within a year
or so.
6. That in spite of your promise to return the said amount unto my
client, you failed to do so, and at the time of every demand to you,
you have only gone to postpone the promises.
7. That with a view to making the repayment of the said amount unto
my client, you have finally issued in his favour a cheque bearing No.
048060, dated 15.7.200.., for Rs. 40,000/-, drawn on the Vidya
Sahakari Bank Limited, Aundh Road Branch, Pune..
8. That when my client presented the said cheque to his bank, Cosmos
Cooperative Bank Limited, Laxmi Road Branch, Pune, on 15.7.200
,
the said Bank returned the said cheque with remarks "Refer to
drawer".
9.
That in the mean time, your husband had already contacted my
client with a request to re-present the cheque to the Bank, saying
that there was no necessary balance in your account and that
immediate arrangements would be made so as to clear the cheque
in favour of my client.
10.
That accordingly my client again presented the said cheque to the
Bank for encashment on 25.7.200
, but the said cheque was
dishonoured.
11.
That from the total behaviour on your part with respect to the said
transaction, my client has come to a tacit conclusion that when the Bank of my client has returned the said cheque to my client, while
issuing the said cheque, you already had dishonest intention to
cheat my client of the said amount, and it was also a case of
"Dishonoured for insufficient balance".
12.
That, thus, the cheque which was issued by you in discharge of your
liability has been dishonoured for the reason of insufficiency of
funds.
13. That since then, my client has been making efforts to contact you
personally, but you could not be available anytime anywhere, and
hence, my client has come to the final conclusion that you have some
ulterior motive to the effect that you are not sincere in making the
repayment of the amount taken by you from my client.
14. That from the total behaviour on your part, my client has drawn a
clear inference that you have done so with a view to deceiving and
cheating my client, and you did not bother either for the dishonour
of cheque or then making yourself available immediately.
15. That it also appears that your intentions were not good when you
issued the said cheque for the amount which you did not have in your account, and since you knew it very well, you have tried to
commit not only a civil breach but also a criminal offence within the
provision, meaning and interpretation of civil as well as criminal
law.
16. That since the said cheque has been dishonoured for the reason of
"Insufficiency of funds", you may be held liable civilly as well as
criminally particularly under section 420 of the Indian Penal Code,
section 138 of the Negotiable Instruments Act and provisions of the Code of Civil Procedure.
17. That under the circumstances, you are hereby called upon to pay
unto my client an amount of Rs. 40,000/- (Rupees Forty Thousand
only) together with interest @ 15% per annum, WITHIN FIFTEEN
DAYS from the receipt of this notice, failing which my client will be
constrained to take against you an appropriate legal action including
filing of a criminal complaint, which please note. That since your illegal behaviour has necessitated the issue of this
notice, you are hereby charged with its costs, i.e. Rs. 2,100/-, which
also please further note.
Yours faithfully,
[RAJARAM S. RETAWADE]
ADVOCATE.