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Discussion > Legal Documents > Documents > Draft of Notice u/s. 138 of N. I. Act   Unanswered Threads Post New Topic

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There are 13 Replies to this message


Sabahat Sayed


Advocate
[ Scorecard : 58]
Posted On 16 July 2008 at 16:46 Report Abuse

Hi

I am looking for a draft of notice and complaint u/s. 138 of the Negotiable Instruments Act, 1881. pl provide the same its a urgent.



Online certification courses IP, IT and Investment Law


ramachary64@gmail.com


Practicing lawyer in High court judicate at Hyderabad, Telangana State mobile no:9989324294
[ Scorecard : 9315]
Posted On 16 July 2008 at 18:08 Report Abuse

SECTION 138 of the Act deals with dishonour of cheque for insufficiency etc.


SPECIMEN LEGAL NOTICE                                                  DATE;


FROM


TO


Sir,


Under the instructions from my client ............S/o.........................Residing at .................I give the folllowing notice.


1. That, my client is having business in ......................running a shop at............


2. That you came to my client on.............and I purchased the following goods as specified infra, (specify the details of goods purchased).


3. That you promised to repay the amount of Rs.....the price of the goods purchased by you from my client on.............and amount is Rs.........


4. That you issued a cheque bearing No..............dated...........to be drawn on.............Bank, for Rs.............which represents the amount due to be paid to my client because of the purchase of aforesaid goods.


5.My client states that he had presented the cheque on..................for encashent but the same was dishonoured with an endorsement that there are insufficient funds on....................


6. That my client however is reserving his right to file a criminal comlaint also by issueing appropriate legal notice in this regard.


7. My client also states that you are liable to pay the aforesaid amount with interest thereon up-to-date and though my client reuested you on several occasions personally and through mediators, you are not inclined to repay the same.


8. I therefore call upon on behalf of my client to repay the amount due specified in the notice within a period of fifteen days from the date of receipt of the notice failing which my client will be constrained to take necessary legal action for recovery of amount due from you.


    My client hopes that you may not invite such litigation which may be an unwanted litigation in the circumstances of the case.


Advocate


 


 



Srinivas.B.S.S.T


Advocate
[ Scorecard : 9554]
Posted On 16 July 2008 at 18:40 Report Abuse

Dear Ramachary Garu, its a well drafted
notice but the mandatory period of demand is 15 days not 10 days as
mentioned in your draft notice and moreover it must be mentioned that
in the event of failure in repayment action under sections 138 and 142
of NI act will be initiated. One thing to be remembered that NI act is
to punish the accused for issuance of cheque without having sufficient
balance in the account to honour the same but not for recovery of the
amounts. Regards



D Bhaskaran


Lawyer
[ Scorecard : 208]
Posted On 17 July 2008 at 05:19 Report Abuse

see below


D Bhaskaran


Lawyer
[ Scorecard : 208]
Posted On 17 July 2008 at 05:23 Report Abuse


Good effort in helping out a collegue with draft.




 


Please see that you make changes in the facts enumerated after consulting your client.




 


Also end up giving a 15 days notice and adding up this.... inspite of this notice if you fail to repay the cheque amount my client will be left with no other alternative but to file a case against you both under section 138 of N.I. Act  and a civil suit for recovery of money in an appropriate court of law. 




 


For the N.I. Act itself try to visit my website  http://www.angelfire.com/super2/vakil123  



ramachary64@gmail.com


Practicing lawyer in High court judicate at Hyderabad, Telangana State mobile no:9989324294
[ Scorecard : 9315]
Posted On 17 July 2008 at 16:50 Report Abuse

sir,


thanks for your kind advice sir.



aruntrivedi


lawyer
[ Scorecard : 751]
Posted On 19 July 2008 at 20:23 Report Abuse

BY REGISTERED A.D. AND UPC


N O T I C E


…………………… (Proprietor M/s. ……..) ………………………….. TRICHUR-680001 KERALA.


We, the undersigned Advocate of ………….. ASSOCIATES: …………… for and on behalf of our client and under instructions of …………………………., Ahmedabad-380002 give you this last warning and Notice as under:


(1)              THAT our client is a proprietor of ……………..nd doing business of wholesale Clothes. You have purchased goods on credit basis from our said client on 08/08/2005 and thus you are very well known as customer and merchant to each other.


(2)              THAT on 03/08/2005 vide Bill No. 72 for Rs. 9,418/- (Rupees Nine Thousand Four Hundred Eighteen only) and on 04/08/2005 vide Bill No. 75 for Rs. 15,531/- (Rupees Fifteen Thousand Five Hundred Thirty One Only) and again on 08/08/2005 vide Bill No. 76 for Rs. 26,206/- thus in aggregate to Rs. 51,156/- (Rupees Fifty One Thousand One Hundred Fifty Six Only) purchased materials in the name of firm M/s. ……….. on credit basis. The materials so purchased was dispatched by our client through Kerala Roadways Pvt. Ltd. Thus, the said amount is due from you by our client and further as per the terms and conditions of the Bills, the amount of interest thereon as accrued. You have given different cheques for the said dues to our client, of which one Cheque dated 12/12/2006 drawn on Indian Bank, Lichure Branch in favour of our client bearing No. 00000 for Rs. 10,000/- (Rupees Ten Thousand Only) and also assured at the relevant time for payment of money and promised for realization of said Cheque and as against the said promise and assurance the said cheque was deposited in bank by our client for realization of amount of Rs. 10,000/- against the aforesaid dues.


(3)              On 12/12/2006 the aforesaid cheque was deposited through Punjab National Bank, Maskati Market Branch, Ahmedabad for realization, which was returned by the bank on 02/01/2007 with remark “Exceeds Arrangement” and the said fact was informed by Punjab National Bank on 05/01/2007. Our client has informed you of return of aforesaid cheque by the bank, but you have not given any reply and therefore our client is compelled to issue this Notice and warning to pay all the aforesaid dues together with Bank Charges and interest accrued thereon to our client forthwith.


(4)              Under the circumstances, you are requested to at once make payment of Rs. 10,000/- together with bank charges against the above cheque returned by the Bankers and obtain our receipt thereof, else our client shall be compelled to file a Criminal Complaint under the provisions of Negotiable Instrument Act Section 138 and shall initiate criminal proceedings at your cost, risk and expenses.


THIS NOTICE is given for cause of your default, an amount of Rs. 401/- should be sent to us forthwith towards our Professional Charges and other expenses at our above address, while obtaining our receipt thereof. Please take a serious note of it.


Place: Ahmedabad,


Date: __/01/2007                                ______


 



Guest


n/a
[ Scorecard : 12853]
Posted On 26 July 2008 at 16:50 Report Abuse

hi,


please provide arbitration concilation act 1996 Sec-9 drafting argent basis.



Rakesh


Advocates, solicitors and legal consultants
[ Scorecard : 26]
Posted On 28 July 2008 at 14:53 Report Abuse

by and large in totality we have reached at the correct stage. For any further querry you can also visit us at www.rksassociate.com.


every notice under S 138 of N.I act must specify that it is a notice under the said section of the said act.



Guest


n/a
[ Scorecard : 12853]
Posted On 28 July 2008 at 22:25 Report Abuse

the notice is drafted overall properly but the repayment in the 2/3 para cannot be as the party has to pay to our client which is still not paid to our clients hence the wordings should be pay, and not repay, more so there should be also a bit of warning as to what repurcation will happen if the amounts are not paid within the statutory time limit.




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